IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MS. JUSTICE JYOTI M

WRIT PETITION NO. 27061 OF 2025 (L-RES)

BETWEEN:

SRI. NANDAKUMAR A.N.

S/O NAGARAJ,

AGED ABOUT 54 YEARS,

R/AT HOUSE NO.195,

WARD NO.21, KRS AGRAHARA,

KUNIGAL TOWN,

TUMAKURU DISTRICT - 572 130.

…PETITIONER

(BY SRI. SIDDESWARASWAMY S.B., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

DEPARTMENT OF LABOUR,

VIKASA SOUDHA,

Di gitally signed DR. B.R. AMBEDKAR VEEDHI,

by THEJAS

BENGALURU - 560 001

KUMAR N

REPRESENTED BY ITS

Location: HIGH

COURT OF PRINCIPLE SECRETARY.

KARNATAKA

2. THE DEPUTY SPECIAL OFFICER (DO-6)

DEPARTMENT OF LABOUR,

VIKASA SOUDHA,

DR. B.R. AMBEDKAR VEEDHI

BENGALURU - 560 001.

3. THE COMMISSIONER OF LABOUR

DEPARTMENT OF LABOUR,

KARMIKA BHAVANA,

BANNERGHATTA ROAD, BENGALURU - 560 029.

4. THE ASSISTANT LABOUR COMMISSIONER BENGALURU DIVISION -1, 1^ST FLOOR, ROOM NO.10, KSLI BUILDING, BAGALUGUNTE, MANJUNATHANAGARA BENGALURU - 560073.

5. THE MANAGEMENT OF M/S PRISM JOHNSON LIMITED H AND R JOHNSON (INDIA) DIVISION, (REGISTERED UNDER COMPANIES ACT 1956)

UNIT-1, PLOT NO.1-12 KIADB INDUSTRIAL AREA, KUNIGAL - 572126 TUMAKURU DISTRICT REPRESENTED BY ITS RESIDENT (CORP AFFAIRS AND IR)

6. THE MANAGEMENT OF M/S PRISM JOHNSON LIMITED M/S PRISM JOHNSON LIMITED H AND R JOHNSON (INDIA) DIVISION, (REGISTERED UNDER COMPANIES ACT 1956)

UNIT-1, PLOT NO.1-12 KIADB INDUSTRIAL AREA, KUNIGAL - 572126 TUMAKURU DISTRICT REPRESENTED BY ITS MANGER (HR AND ADMIN)

…RESPONDENTS (BY SRI.K.R.RAJENDRA, AGA FOR R1 TGO R4; SRI. K.R.ANAND, ADVOCATE FOR R5 AND R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER

Sri.Siddeswara Swamy S.B., counsel for the petitioner, Additional Government Advocate for respondents Nos.1 to 4, and Sri.K.R.Anand, counsel for respondents Nos.5 and 6, appeared in person.

2. The petition averments are as follows:

The petitioner was a permanent employee of M/s Prism Johnson Limited, a company registered under the Companies Act. To reduce surplus manpower, the company decided to launch a Voluntary Separation Scheme. After several rounds of discussion with the Union, the company launched the VSS scheme on the fifteenth of January 2021, and the closing date of the scheme was 23.01.2021. The petitioner submitted the application on 23.01.2021, expressing his desire to retire under VSS. On the very same day, the company accepted the application of the petitioner to retire under VSS. On the very same day, the petitioner signed a statement of settlement of legal dues by receiving a sum of Rs.11,40,028/- towards the legal dues, excluding the gratuity. On 23.01.2021, the petitioner submitted Form No.1 for the settlement of gratuity dues receivable from the Gratuity Trust. On 02.02.2021, the company received the gratuity amount of Rs.1,04,94,021/- from HDFC Life Insurance Co. Ltd. in respect of all such workers who opted to retire under VSS. On 25.02.2021, the petitioner acknowledged the receipt of a cheque towards the gratuity of Rs.2,52,660/-. The cheque for Rs.2,52,660/- towards the gratuity dues was credited to the account of the petitioner on 02.03.2021.

3. As matters stood thus, in 2024, the petitioner raised a dispute before the Conciliation Officer, alleging forceful resignation. The company filed detailed objections and contended that the workman had voluntarily opted for VSS and had received the gratuity amount and all legal dues, and there was no force or duress at any point in time. Urging other grounds, the company had prayed for the dismissal of the petition.

4. Taking note of the contentions urged on behalf of the respective parties, the Conciliation Officer submitted a failure report on 01.02.2025 to the Government. The Government, taking note of the entire material evidence on record, issued an endorsement on 04.04.2025 stating that the petitioner raised a dispute after three years a