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2026 Supreme(Online)(Kar) 26650

IN THE HIGH COURT OF KARNATAKA AT BENGALURU


DATED THIS THE 03RD DAY OF JUNE, 2026


PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE S RACHAIAH


WRIT APPEAL NO. 1637 OF 2024 (L-TER)

C/W

WRIT APPEAL NO. 1626 OF 2024 (L-TER)

WRIT APPEAL NO. 1985 OF 2025 (L-TER)


IN WA No. 1637/2024

BETWEEN:

1. WORKMEN OF M/S KARNATAKA

MALLADI BIOTICS LTD.,

REPRESENTED BY SRI HANUMANTHU T,

GENERAL SECRETARY,

KARNATAKA MALLADI BIOTICS

EMPLOYEES UNION,

AGATAHALLI D B HALLI POST,

PANDAVAPURA TALUK,

MANDYA DISTRICT.

…APPELLANT

(BY SRI. N G PHADKE., ADVOCATE)

AND:

1. M/S KARNATAKA MALLADI BIOTICS LTD.,

NOW KNOWN AS EMBIO LTD.,

PLOT NO. 71-74,

TUBINAKERE INDL. AREA,

MANDYA - 571 402,

REPRESENTED BY ITS

MANAGING DIRECTOR.

…RESPONDENT

(BY SRI. J PRADEEP KUMAR., ADVOCATE)


THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN WP No. 17692 OF 2018 (L-TER) AND ALLOW THIS APPEAL, AND SET ASIDE THE ORDER DATED 27.08.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 57049 OF 2015 (L-TER) C/W WP No.17692 OF 2018 (L-TER) IN THE INTEREST OF JUSTICE AND EQUITY, ETC.


IN WA NO. 1626/2024

BETWEEN:

1. SRI.HANUMANTHU T

OPERATOR,

AGED ABOUT 52 YEARS,

S/O THAMME GOWDA,

2. SRI. PRASANNA Y K

OPERATOR,

AGED ABOUT 56 YEARS,

S/O HANUMAIAH ALIAS KARIPPA,

3. SRI. MAHESHA B V

HELPER,

AGED ABOUT 56 YEARS,

S/O VENKATE GOWDA,

4. SRI. HANUMESHA K C

OPERATOR,

AGED ABOUT 48 YEARS,

S/O CHIKKANNA

5. SRI LAKSHMI NARASHIMAIAH

OPERATOR

AGED ABOUT 62 YEARS

S/O HOBHALAIAH

6. HANUMANTHE GOWDA K.H.,

OPERATOR,

AGED ABOUT 55 YEARS,

S/O HANUMEGOWDA

7. SRI. THIMAPPA H T .,

OPERATOR,

AGED ABOUT 53 YEARS,

S/O THIMMAIAH

8. SRI. LINGAPPA

HELPER,

AGED ABOUT 54 YEARS,

S/O MARIGOWDA,

9. SRI. NARENDRA D .N

OPERATOR,

AGED ABOUT 53 YEARS,

S/O NARASIMHEGOWDA,

10. SRI. RAMESHA Y M

OPERATOR,

AGED ABOUT 50 YEARS,

S/O MADEGOWDA,

11. SRI. BASAVARAJ T P

OPERATOR,

AGED ABOUT 47 YEARS,

S/O PUTTEGOWDA,

12. SRI. RAVI N

HELPER

AGED ABOUT 50 YEARS,

S/O NAGAIAH,

13. SRI. VERANNARADHYA K.,

TECHNICAL (FITTER)

AGED ABOUT 58 YEARS,

S/O KUMARADHYA

14. SRI. RAVIKUMARA S .A

OPERATOR,

AGED ABOUT 51 YEARS,

S/O ANKEGOWDA,

15. SRI. PANCHALINGA K P.,

OPERATOR,

AGED ABOUT 49 YEARS,

S/O PANCHEGOWDA,

16. SRI. NAGARAJ

OPERATOR,

AGED ABOUT 56 YEARS,

S/O CHIKKAPUTTEGOWDA,

17. SRI. SHIVALINGEGOWDA,

OPERATOR,

AGED ABOUT 51 YEARS,

S/O H NINGEGOWDA,

18. SRI. KEMPEGOWDA,

HELPER,

AGED ABOUT 52 YEARS,

S/O SIDDAIAH

19. SRI. MALLESHA K M.,

HELPER,

AGED ABOUT 52 YEARS,

S/O MALLAIAH,

20. SRI. MANJU K.C.,

SR. OPERTOR,

AGED ABOUT 54 YEARS,

S/O CHOWDEGOWDA,

21. SRI. SHIVARUDRAPPA

JR. ASSISTANT

AGED ABOUT 57 YEARS,

S/O MADAPPA

22. SRI. PRASADA M P N

SR. ASST. (STORES)

AGED ABOUT 52 YEARS,

S/O K PURUSHOTHAM

23. SRI. BANDI GOWDA

OPERATOR,

AGED ABOUT 62 YEARS,

S/O JAVAREGOWDA,

24. SRI. SHIVARAMU D K.,

OPERATOR,

AGED ABOUT 49 YEARS,

S/O KRISHNA

25. SRI. MANCHE GOWDA H.S.,

OPERATOR,

AGED ABOUT 50 YEARS,

S/O SIDDAPPA

26. SRI. SUBASH Y.S.,

HELPER,

AGED ABOUT 56 YEARS,

S/O LATE SHANAKARLINGEGOWDA,

27. SRI. CHANDRASHEKAR S.,,

OPEARTOAR,

AGED ABOUT 62 YEARS,

S/O ATE MALLEGOWDA,

28. SRI. KRISHNE GOWDA M.S.,

SR. OPERATOR,

AGED ABOUT 59 YEARS,

S/O SANNEGOWDA,

29. SRI. BASAVARAJA H .E

OPERATOR,

AGED ABOUT 52 YEARS,

S/O ERAIAH,

30. SRI. RAJANNA

OPERATOR,

AGED ABOUT 54 YEARS,

S/O CHIKKAJAVARAIAH,

31. SRI. NINGARAJA K

HELPER,

AGED ABOUT 50 YEARS,

S/O KALASHETTY

32. SRI. SHANBOG B.L,

TYPIST,

AGED ABOUT 64 YEARS,

S/O LAKSHMINARAYANA,

33. SRI. MAHESHA C

OPERATOR,

COMPRESSOR

AGED ABOUT 53 YEARS,

S/O CHANNAPPA,

34. SRI. BORE GOWDA

TECHNICAL (ELEC.)

AGED ABOUT 48 YEARS,

S/O LATE SIDDARAMARADHYA,

35. SRI. PUTTARAMARADHYA S

BOILER OPERATOR,

AGED ABOUT 62 YEARS,

S/O LATE SIDDARAMARADHYA,

36. SRI. SHVASHANKARA B.,,

TECHNICIAN

AGED ABOUT 64 YEARS,

S/O BORAIAH

37. SRI. SHIVALINGIAH M.,

OPERATOR,

AGED ABOUT 51 YEARS,

S/O MADAIAH

38. SRI. RAMAIAH T.P.,

SR. OPERATOR,

AGED ABOUT 61 YEARS,

S/O PUTTAIAH

39. SRI BOREGOWDA S.,

OPERATOR,

AGED ABOUT 61 YEARS,

S/O SIDDEGOWDA,

40. SRI. PRASADA S .N

SR. TECHNCIAN (FITTER)

AGED ABOUT 51 YEARS,

S/O K.V MAHALINGA BHATTA

41. SRI. PUTTASWAMY Y .H.,

JR. ASSISTANT

AGED ABOUT 47 YEARS,

S/O LATE NATHAPPA ALIAS HANUMAIAH,

42. SRI. CHIKKASIDDEGOWDA

OPERATOR,

AGED ABOUT 49 YEARS,

S/O CHIKKA ANKEGOWDA,

43. SRI. SUNDARA H.C.,

HELPER,

AGED ABOUT 55 YEARS,

S/O CHIKKA BORAIAH,

44. SRI. LINGANNA

HELPER,

AGED ABOUT 62 YEARS,

S/O LATE NINGANNA,

MOGAIAH,

45. SRI. NAGARAJA D.T.,

HELPER,

AGED ABOUT 55 YEARS,

S/O THIMMEGOWDA, ALIAS ANNAIAH,

46. SRI. GIRIDHARA R.,

HELPER,

AGED ABOUT 55 YEARS,

S/O RAJANNA M.K.,,

47. SRI. SIDDEGOWDA

OPERATOR

AGED ABOUT 54 YEARS

S/O SIDDGOWDA

48. SRI BALAVEDRA SIMON

SR. TECHNICIAN

AGED ABOUT 51 YEARS

S/O WILLION RAJ

49. SRI KRISHNAMURTHY S G

OPERATOR

AGED ABOUT 54 YEARS

S/O GOPALAIAH

50. DECEASED GURUPRASAD S L

HELPER

REP BY SMT MANJUSHREE

AGED ABOUT 35 YEARS

W/O GURUPRASAD S L

51. DECEASED KUMARA J

HELPER

REP BY SMT H M MAMATHA

AGED ABOUT 49 YEARS

W/O OF KUMARA J

52. DECEASED NARASHIMAMURTHY S N

HELPER

REP BY SMT MANJULA

AGED ABOUT 49 YEARS

W/O NARASHIMAMURTHY S N

53. DECEASED SHIVARAJU

HELPER

REP BY SMT LAKSHMI DEVI

AGED ABOUT 39 YEARS

S/O SHIVARAJU

54. DECEASED SHIVARAJU K

SR. ASST. (ADMN)

REP BY SMT DHANALAKSHMI

AGED ABOUT 51 YEARS

W/O SHIVARAJU K

55. DECEASED THIMMAIAH

HELPER

REP BY SMT JAYAMMA

AGED ABOUT 63 YEARS

W/O THIMMAIAH

56. DECEASED VISHWANATH SHASTRY

SR. OPERATOR (COMPRESSOR)

REP BY SMT DEEPA VISHWANATH SHASTRY

AGED ABOUT 54 YEARS

W/O VISHWANATH SHASTRY

57. DECEASED BASAVARAJ B K

HELPER

REP BY SMT MANJULA K V

AGED ABOUT 47 YEARS

W/O BASAVARAJ B K

ALL ARE C/O SRI. HANUMANTHU T.,

GENERAL SECRETARY,

KARNATAKA MALLADI BIOTICS EMPLOYEES UNION

AGATAHALLI, D.B HALLI POST,

PANDAVAPURA TALUK

MANDYA DISTRICT

...APPELLANTS

(BY SRI. AVANI CHOKSHI., ADVOCATE)

AND:

1. M/S.KARNATAKA MALLADI BIOTICS LTD.,

NOW KNOWN AS EMBIO LTD.,

PLT NO.71-74, TUBINAKERE INDL. AREA,

MANDYA 571 402

REPRESENTED BY ITS MANAGING DIRECTOR

2. SHANKAR

AGED ABOUT 43 YEARS,

S/O MARIDEVAIAH

3. HANUMANTHAIAH Y V

AGED ABOUT 41 YEARS,

S/O VENKATESH

4. SOMASHEKAR,

AGED ABOUT 43 YEARS,

S/O BASAVAIAH,

5. MANOHARAN

AGED ABOUT 49 YEARS,

S/O RAJAIAH,

6. SHANKARA Y.C.

AGED ABOUT 46 YEARS

S/O CHIKKALINGAIAH,

7. SRI. MAYAPPA

AGED ABOUT 48 YEARS,

S/O MAYIGASHETTY

8. SRI. SHANKAR Y.H.

AGED ABOUT 46 YEARS

S/O PIDEGOWDRU HANUMAIAH

9. SRI. MAHADEVAPPA H.N.

AGED ABOUT 49 YEARS

S/O NINGAPPA

10. SRI. VENKAPPA TALWAR

AGED ABOUT 42 YEARS,

S/O AYYAPPA TALWAR,

11. SRI. SHIVAKUMAR SWAMY B

AGED ABOUT 57 YEARS,

S/O C. BASAVARAJAPPA,

12. SRI. HANUMANTHA.Y.C.A

AGED ABOUT 48 YEARS,

S/O MOLLEKENCHANA DEVAIAH,

13. SRI NARASHIMARAJU S C

AGED ABOUT 57 YEARS,

S/O CHIKKADASAHEGGADE,

14. SRI NINGANNA.C

AGED ABOUT 48 YEARS,

S/O LATE CHIKKANNA

15. SRI JAYAKUMARA Y S

AGED ABOUT 50 YEARS,

S/O SRINIVASAIAH,

16. SRI JOKEN SAGAYANATHAN

AGED ABOUT 60 YEARS,

S/O ANTONY,

17. SRI PUTTASWAMY Y M

AGED ABOUT 50 YEARS,

S/O MOTAIAH

18. SRI. SOMASHEKAR K

AGED ABOUT 42 YEARS,

S/O KEMPEGOWDA

19. SRI. MANJU

AGED ABOUT 43 YEARS,

S/O KARIYAPPA,

20. NAGARAJAMURTHY Y S

AGED ABOUT 48 YEARS,

S/O NINGAIAH

21. SRI YOGESHA Y M

AGED ABOUT 40 YEARS,

S/O MOTALINGEGOWDA

22. SRI MANJUNATHA D

AGED ABOUT 42 YEARS,

S/O DEVEGOWDA,

23. BHARATHI

AGED ABOUT 35 YEARS,

W/O LATE RAVI Y H

24. SRI NINGE GOWDA

AGED ABOUT 62 YEARS,

F/O LATE GOPALA Y N

Nos. 2 TO 25 ARE AT

C/O M/S KARNATAKA MALLADI BIOTICS,

EMPLOYEES UNION,

KALYANA BHAVANA BUILDING,

THYAGARAJA ROAD, MYSURU-570 023

25. K L CHANNAKESHAVA

S/O SHRI LINGEGOWDA

AGED ABOUT 54 YEARS,

RESIDING AT KALMANTIDODDI,

KERGODI HOBLI, MANDYA TALUK,

MANDYA DISTRICT, KARNATAKA-571 446

26. M SHIVARAJU

S/O MALLAIAH,

AGED 47 YEARS,

R/AT NO.766, DODDA ARASINAKERE

CHIKKAMARIGOWDA NAGAR,

CHIKKA ARASINAKERE HOBLI,

MADDUR TQ., MANDYA DISTRICT,

KARNATAKA-571 422

...RESPONDENTS


THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS IN WP NO.57049/2015 AND WP.No.17692/2018 AND ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 27/08/2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.57049/2015, C/W 17692/2018, IN SO FAR AS THE APPELLANTS ARE CONCERNED, ETC.


IN WA NO. 1985/2025

BETWEEN:

1. SRI. SHANKAR

S/O MARIDEVAIAH

SINCE DECEASED

BY HIS WIFE SMT P ANITHA

W/O SHANKARA

AGED ABOUT 52 YEARS,

2. SRI HANUMANTHAIAH Y V

S/O VENKATESH

AGE ABOUT 50 YEARS,

3. SRI SOMASHEKAR

S/O BASAVAIAH

AGE ABOUT 51 YEARS,

4. SRI MANOHARAN

S/O RAJAIAH

AGE ABOUT 55 YEARS,

5. SRI SHANKARA Y C

S/O CHIKKLINGAIAH

AGE ABOUT 53 YEARS,

6. SRI MAYAPPA

S/O MAYIGASHETTY

AGE ABOUT 58 YEARS,

7. SRI SHANKAR Y H

S/O PIDEGOWDRU HANUMAIAH

AGE ABOUT 55 YEARS,

8. SRI MAHADEVAPPA H N

S/O NINGAPPA

AGE ABOUT 59 YEARS,

9. SRI VENKAPPA TALWAR

S/O AYYAPPA TALWAR

AGE ABOUT 52 YEARS,

10. SRI SHIVAKUMAR SWAMY B

S/O C BASAVARAJAPPA

AGE ABOUT 66 YEARS,

11. SRI HANUMANTHA Y C

S/O MOLLEKENCHANA DEVAIAH

AGE ABOUT 55 YEARS,

12. SRI NARASHIMRAJU S C

S/O CHIKKADSAHEGGADE

AGE ABOUT 66 YEARS,

13. SRI NINGANNA C

S/O LATE CHIKKANNA

AGE ABOUT 57 YEARS,

14. SRI JAYAKUMARA Y S

S/O SRINIVASAIAH

AGE ABOUT 60 YEARS,

SINCE DECEASED

REPRESENTED BY HIS WIFE

SMT. A.S.PADHMA,

AGED ABOUT 51 YEARS

15. SRI JOKEN SAGAYANATHAN

S/O ANTONY

AGE ABOUT 69 YEARS,

16. SRI PUTTASWAMY Y M

S/O MOTAIAH

AGE ABOUT 59 YEARS,

17. SRI SOMASHEKAR K

S/O KEMPEGOWDA

AGE ABOUT 51 YEARS,

18. SRI MANJU

S/O KARIYAPPA

AGE ABOUT 53 YEARS,

19. SRI NAGARAJAMURTHY Y S

S/O NINGAIAH

AGE ABOUT 57 YEARS,

20. SRI YOGESHA Y M

S/O MOTALINGEGOWDA

AGE ABOUT 49 YEARS,

21. SRI MANJUNATHA D

S/O DEVEGOWDA

AGE ABOUT 52 YEARS,

22. SMT BHARATHI

W/O LATE RAVI Y H

AGE ABOUT 45 YEARS,

23. SRI NINGEGOWDA

F/O LATE GOPALA Y N

AGE ABOUT 72 YEARS,

APPELLANTS No.1-22

R/AT C/O M/S. KARNATAKA

MALLADI BIOTICS EMPLOYEES UNION,

KALYANA BHAVANA BUILDING,

THYAGARAJA ROAD,

MYSURU.

24. M SHIVARAJU

S/O SHRI MALLAIAH

AGE ABOUT 49 YEARS,

RESIDING AT DOOR NO 766

DODDARASINAKERE,

CHIKKAMRIGOWDA NAGARA,

CHIKKARASANIKERE HOBLI,

MADDUR TALUK

MANDYA DISTRICT , KARNATAKA 571422

25. K L CHANNAKESHAVA

S/O SHRI LINGEGOWDA

AGE ABOUT 56 YEARS

RESIDING AT KALMANTIDODDI

KERGODI HOBLI,

MANDYA TALUK

MANDYA DISTRICT, KARNATAKA - 571446

...APPELLANTS

(BY SRI. N.G.PHADKE., ADVOCATE)

AND:

1. M/S KARNATAKA MALLADI BIOTICS LTD.,

NOW KNOW AS EMBIO LTD

POLT NO 71-74,

TUBINKERE INDUSTRIAL AREA

MANDYA - 571402

REP BY ITS MANAGING DIRECTOR

2. SRI GURUPRASAD S L

S/O K LINGAIAH

AGE ABOUT 50 YEARS,

3. SRI HANUMANTHU T

S/O THAMME GOWDA

AGE ABOUT 53 YEARS,

4. SRI PRSANNA Y K

S/O HANUMAIAH ALIAS KARIAPPA

AGE ABOUT 57 YEARS,

5. SRI MAHESHA B V

S/O VENKATEGOWDA

AGE ABOUT 57 YEARS,

6. SRI HANUMESHA K C

S/O CHIKKANNA

AGE ABOUT 49 YEARS,

7. SRI LAKSHMI NARASHIMAIAH

S/O HOBHALAIAH

AGE ABOUT 63 YEARS,

8. SRI HANUMANTHE GOWDA K H

S/O HANUMEGOWDA

AGE ABOUT 56 YEARS,

9. SRI THIMAPPA H T

S/O THIMMAIAH

AGE ABOUT 54 YEARS,

10. SRI KUMARA J

S/O JAVAREGOWDA

AGE ABOUT 58 YEARS,

11. SRI LINGAPPA

S/O MARIGOWDA

AGE ABOUT 55 YEARS,

12. SRI NARENDRA D N

S/O NARASIMHEGOWA

AGE ABOUT 54 YEARS,

13. SRI RAMESHA Y M

S/O MADEGOWDA

AGE ABOUT 51 YEARS,

14. SRI BASVARAJA T P

S/O PUTTEGOWDA

AGE ABOUT 48 YEARS,

15. SRI RAVI N

S/O NAGAIAH

AGE ABOUT 51 YEARS,

16. SRI VERANNARADHAYA K

S/O KUMARARADHYA

AGE ABOUT 59 YEARS,

17. SRI RAVIKUMARA S A

S/O ANKEGOWDA AGE ABOUT 52 YEARS,

18. SRI PANCHALINGA K P

S/O PANCHEGOWDA

AGE ABOUT 50 YEARS,

19. SRI NAGARAJ

S/O CHIKKAPUTTEGOWDA

AGE ABOUT 57 YEARS,

20. SRI NARASHIMAMURTHY S N

S/O LAKSHMINARAYANA

AGE ABOUT 61 YEARS,

21. SRI SHIVALINGEGOWDA

S/O H NINGEGOWDA

AGE ABOUT 52 YEARS,

22. SRI KEMPEGOWDA

S/O SIDDAIAH AGE ABOUT 53 YEARS,

23. SRI SHIVARAJU

S/O PUTTASHETTY

AGE ABOUT 52 YEARS,

24. SRI MALLESHA K M

S/O MALLAIAH

AGE ABOUT 53 YEARS,

25. SRI MANJUK C

S/O CHOWDEGOWDA

AGE 55 YEARS,

26. SRI SHIVARAJU K

S/O KARIAYAIAH

AGE ABOUT66 YEARS,

27. SRI THIMMAIAH

S/O HATTIGOWDA

AGE ABOUT 72 YEARS,

28. SRI SHIVARUDRAPPA

S/O MADAPPA AGE ABOUT 58 YEARS,

29. SRI PRASAD M P N

S/O PURUSHOTHAM K

AGE ABOUT 53 YEARS,

30. SRI BANDI GOWDA

S/O JAVAREGOWDA

AGE ABOUT 63 YEARS,

31. SRI SHIVARAMU D K

S/O KRISHNA

AGE ABOUT 50 YEARS,

32. SRI MANCHE GOWDA H S

S/O SIDDAPPA

AGE ABOUT 51 YEARS,

33. SRI SUBASH Y S

S/O SHANKARALINGEGOWDA

AGE ABOUT 57 YEARS,

34. SRI CHANDRASHEKAR S M

S/O LATE MALLEGOWDA

AGE ABOUT 53 YEARS,

35. SRI KRISHNEGOWDA M S

S/O SANNEGOWDA

AGE ABOUT 60 YEARS,

36. SRI BASAVARAJA H E

S/O ERAIAH

AGE ABOUT 53 YEARS,

37. SRI RAJANNA

S/O CHIKKAJAVARAIAH

AGE ABOUT 55 YEARS,

38. SRI NINGARAJA K

S/O KALASHETTY

AGE ABOUT 51 YEARS,

39. SRI SHANBOG B L

S/O LAKSHMINARAYANA

AGE ABOUT 65 YEARS,

40. SRI MAHESHA C

S/O CHANNAPPA

AGE ABOUT 54 YEARS,

41. SRI BOREGOWDA

S/O JAVAREGOWDA

AGE ABOUT 49 YEARS,

42. SRI PUTTARAMARADHYA S

S/O LATE SIDDARAMARADHYA

AGE ABOUT 63 YEARS,

43. SRI SHIVASHANKAR B

S/O BORAIAH

AGE ABOUT 65 YEARS,

44. SRI SHIVALINGAIAH M

S/O MADAIAH

AGE ABOUT 52 YEARS,

45. SRI RAMAIAH T P

S/O PUTTAIAH

AGE ABOUT 62YEARS,

46. SRI BOREGOWDA S

S/O SIDDEGOWDA

AGE ABOUT 54 YEARS,

47. SRI PRASADA S N

S/O K V MAHALINGA BHATTA

AGE ABOUT 52 YEARS,

48. SRI PUTTASWAMY Y H

S/O LATE NATHAPPA ALIAS HANUMAIAH

AGE ABOUT 57 YEARS,

49. SRI CHIKKASIDDEGOWDA

S/O CHIKKA ANKEGOWDA

AGE ABOUT 50 YEARS,

50. SRI SUNDARA H C

S/O CHIKKA BORAIAH

AGE ABOUT 56 YEARS,

51. SRI LINGANNA

S/O LATE NINGANNA MOGAIAH

AGE ABOUT 63 YEARS,

52. SRI NAGARAJA D T

S/O LATE THIMMEGOWDA ALIAS ANNAIAH

AGE ABOUT 56 YEARS,

53. SRI GIRIDHARA R

S/O RAJANNA M K

AGE ABOUT 56 YEARS,

54. SRI VISHWANATH SASTRY

S/O K CHANDRASHEKARASASTRY

AGE ABOUT 60 YEARS,

55. SRI SIDDEGOWDA

S/O SIDDEGOWDA

AGE ABOUT 55 YEARS,

56. SRI BALAVENDRA SIMON

S/O WILLION RAJ

AGE ABOUT 52 YEARS,

57. SRI KRISHNAMURTHY S G

S/O GOPALAIAH

AGE ABOUT 55 YEARS,

58. SRI BASAVARAJ B K

S/O B KARIYAPPA

AGE ABOUT 58 YEARS,

R2-59 ARE R/AT C/O

M/S. KARNATAKA MALLADI BIOTICS

EMPLOYEES UNION,

KALYANA BHAVANA BUILDING,

THYAGARAJA ROAD MYSURU

...RESPONDENTS

(BY SRI. J.PRADEEP KUMAR., ADVOCATE FOR R1;

R25 IS SERVED AND UNREPRESENTED)


THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 27/08/2024 IN WP NO.57049/2015 AND CONSEQUENTLY ALLOW THE WRIT PETITION, ETC.


THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 17.02.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, HON'BLE MR. JUSTICE D K SINGH., PRONOUNCED THE FOLLOWING:


CORAM: HON'BLE MR. JUSTICE D K SINGH

and

HON'BLE MR. JUSTICE S RACHAIAH

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present batch of three Intra Court appeals have been filed impugning the common judgment and order dated 27.08.2024 passed by the writ Court in W.P.No.57049/2015 connected with W.P.No.17692/2018.

The writ petitions were filed by the appellants-Workmen challenging the award dated 21.07.2015 passed by the Industrial Tribunal at Mysore in Reference No.156/2010. The Industrial Tribunal had held that laying-off the 84 workmen with effect from 22.06.2009 by the respondent-Establishment was not in violation of the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ID Act' for the sake of brevity) and as the workmen had failed to establish that the management had employed more than 100 workers as on the date of declaring lay-off and retrenching 84 workers, the Labour Court has rejected the reference and held that the workmen were not entitled to any relief.

The learned Single Judge vide impugned judgment and order has been of the opinion that the security guards(17 in numbers) and 28 contract labours/casual workers working in the establishment during the relevant period cannot be termed as 'Workmen' under Section 2(s) of the ID Act.

For the purpose of computing the total number of workmen employed on an average per working day in the preceding 12 months, as contemplated under Section 25K of the ID Act, only those who meet the definition of 'Workmen' under Section 2 (s) of the ID Act are to be considered.

The learned Single Judge has been of the opinion that in absence of any material to show that the security guards and the contract labourers were directly employed by the management, they cannot be treated as a 'workmen' under the definition of 'Workmen' under Section 2(s) of the ID Act so as to compute the total number of workmen under Section 25K of the ID Act. The learned Single Judge has also held that the burden of proof rested on the workmen to establish that more than 100 workmen were employed before declaring lay off, and the workmen failed to discharge this burden. An application filed by the workmen directing the respondent-management to provide the muster rolls cannot establish that the workmen had discharged the burden which was cast upon them to show that the respondent-management employed more than 100 workers. Additionally, no adverse inference can be drawn against the management for non-production of any document like attendance register. The learned single judge therefore, dismissed the writ petition vide impugned judgment and order, holding that the contract workers would not be considered as the workmen under the definition of Section 2(s) of the ID Act as the workmen had failed to establish that the security guards were directly employed by the management. Consequently, as there were less than 100 workmen at the time of declaring lay-off, the Tribunal rightly rejected the reference and the learned Single Judge has dismissed the writ petition.

The only questions involved in present appeals are:

i. Whether the respondent-establishment had employed not less than 100 workmen in the factory on all the working days on an average per day for preceding 12 months i.e., from 05.08.2008 to 06.08.2009.

ii. Whether designating certain workmen as monthly-rated workmen, workmen on contract/casual basis and some workmen engaged as security guards and housekeeping personnel directly apart from hiring workmen from contractors come within the definition of workmen under Section 2(s) for the purpose of computing the total number of workmen working in the establishment for the preceding 12 months from 05.08.2008 to 06.08.2009.

iii. If this Court is of the opinion that the respondent-establishment had employed more than 100 workmen in its factory on all the working days on an average per day for the preceding 12 months from 05.08.2008 to 06.08.2009 and as the respondent-establishment did not obtain permission from the concerned authorities while placing

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