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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