Allowed

M/S Hiranyakeshi Sahakari Sakkare v. Sidram Kallappa Kotagi

Karnataka HC14 Dec 2022WP/82012/2013

Case brief

AI extract

What is this about?

Writ petition challenging backwages order allowed on settlement. Petitioner discharged compulsory employees; Labour Court awarded backwages. Parties settled amicably; petitioner deposited Rs. 27,08,470. Court quashed Labour Court order and released deposit.

What did the court decide?

Writ petition allowed; impugned Labour Court order quashed; Registry advised to release Rs. 27,08,470 to petitioner.

M/S Hiranyakeshi Sahakari Sakkare Vs Sidram… — Labour and Industrial Disputes | Karnataka HC (2022)

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WP No. 82012 of 2013

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 14^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 82012 OF 2013 (L-RES)

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BETWEEN:

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M/S HIRANYAKESHI SAHAKARI SAKKARE KHARKHANE NIYAMIT, SANKESHWAR, REPRESENTED BY ITS MANAGING DIRECTOR, ASHOK MALAGOUDA PATIL, AGED: ABOUT 53 YEARS, OCC: SERVICE, R/O: SANKESHWAR, TQ: HUKKERI, DIST: BELGAUM.

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…PETITIONER

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(BY SRI. GANGADHAR J M, ADVOCATE)

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AND:

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SIDRAM KALLAPPA KOTAGI AGE: MAJOR, R/O: KAROSHI POST, TQ: CHIKODI, DIST: BELGAUM.

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PAWADE ERAPPA KOTAGI AGE: MAJOR, EX. EMPLOYEE, NIDASOSHI ROAD, R/O: SANKESHWAR, DIST: BELGAUM.

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(DECEASED BY HIS L.RS.)

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a) MAHADEVI PAVADI KOTAGI W/O LATE PAVADI KOTAGI AGED ABOUT 64 YEARS, OCC: HOUSEWIFE R/O NIDASOSHI ROAD SANKESHWAR DIST: BELGAUM.

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WP No. 82012 of 2013

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b) SRI MAHESH PAVADI KOTAGI S/O LATE PAVADI KOTAGI AGED ABOUT 41 YEARS R/O NIDASOSHI ROAD SANKESHWAR DIST: BELGAUM.

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c) SMT.RAJASHRI SHANKARGOUDA PTIL D/O LAE PAVADI KOTAGI AGED ABOUT 44 YEARS R/O NIDASOSHI ROAD SANKESHWAR DIST: BELGAUM. (amended v/c/o dated 24.8.2022) 3. RAMESH SIDDAPPA BANDI AGE: MAJOR, R/O: SHEDGAON, TQ: GADHINGLAJ, DIST: KOLHAPUR, MAHARASHTRA STATE.

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ARJUN BHARMA KOLI AGE: MAJOR, R/O: MUTNAL VIL., TQ: GADHINGLAJ, DIST: KOLHAPUR, MAHARASHTRA STATE. (DECEASED BY HIS L.Rs.) a) SMT.SUSHILA A KOLI W/O LATE ARJUN KOLI AGE 68 YEARS TQ: GADHINGLAJ DIST: KOLHAPUR MAHARASHTRA STATE

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b) SHRI YALLAPPA A KOLI S/O LATE ARJUN KOLI AGE 47 YEARS TQ: GADHINGLAJ DIST: KOLHAPUR MAHARASHTRA STATE

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WP No. 82012 of 2013

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c) SHRI MALLAPPA KOLI S/O LATE ARJUN KOLI AGE 43 YEARS TQ: GADHINGLAJ DIST: KOLHAPUR MAHARASHTRA STATE d) SHRI RAJU KOLI S/O LATE ARJUN KOLI AGE 68 YEARS TQ: GADHINGLAJ DIST: KOLHAPUR MAHARASHTRA STATE e) SHRI SHIVAPPA KOLI S/O LATE ARJUN KOLI AGE 36 YEARS TQ: GADHINGLAJ DIST: KOLHAPUR MAHARASHTRA STATE (amended v/c/o dated 22.12.2021) 5. GIREPPA RAMAPPA MUTNALI, AGE: MAJOR, R/O: YADAGUD POST, TQ: HUKKERI, DIST: BELGAUM.

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MADAGOUDA TIPPANNA HUGAR AGE: MAJOR, EX. EMPLOYEE AT POST BALAGAON, TQ:JATTA, DIST:SANGALI, (MAHARASHTRA STATE)

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BABUGOUDA BALAGOUDA PATIL AGE: MAJOR, R/O: KOCHERI VILLAGE, TQ: HUKKERI, DIST: BELGAUM.

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MAHANTESH YESHWANT S/O M S YESHWANT, AGE: MAJOR, R/O: BORGAL

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WP No. 82012 of 2013

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TQ:JATTA, DIST: KOLHAPUR

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SHIVAGOUDA SIDDAGOUDA PATIL AGE: MAJOR, EX. EMPLOYEE, H.NO.8365, ANKALI ROAD, SALIGALLI, SANKESHWAR, TQ:HUKKERI, DIST: BELGAUM.

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MALLAPPA SATYEPPA PATIL AGE: MAJOR, R/O. SATISHNAGAR, PB ROAD, SANKESHWAR, DIST: BELGAUM.

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RUDRAPPA BHIMAPPA SANKESHWAR AGE: MAJOR, AT BORGAL TQ:HUKKERI, DIST: BELGAUM.

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MAHADEV BALAPPA MAGADUM AGE: MAJOR, AT POST SANKESHWAR, TQ:HUKKERI, DIST: BELGAUM.

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BASANAGOUDA S PATIL AGE: MAJOR, R/O: KOCHERI, TQ: HUKKERI, DIST: BELGAUM

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DUNDAPPA BHIMAPPA MANGASULI AGE: MAJOR, R/O: DUNDAGA, TQ: GANDHINGLAJ, DIST: KOLHAPUR, MAHARASHTRA STATE.

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SHIVAPPA BASAVANT MARADI, AGE: MAJOR, NIDOSOSHI ROAD, BEHIND HUDCO COLONY, SANKESHWAR TQ:HUKKERI DIST: BELGAUM.

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(DECEASED BY HIS L.Rs.)

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a) MAHADEVI S MARADI W/O LATE SHIVANAND MARADI AGE 43 YEARS, R/O NIDOSOSHI ROAD BEHIND HUDCO COLONY

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WP No. 82012 of 2013

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SANKESHWAR, TQ:HUKKERI, DIST:BELGAUM

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b) SHRI PRASHANT S MARADI S/O LATE SHIVANAND MARADI AGE 30 YEARS, R/O NIDOSOSHI ROAD BEHIND HUDCO COLONY SANKESHWAR, TQ:HUKKERI, DIST:BELGAUM

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c) SHRI BASAGOUDA S MARADI S/O LATE SHIVANAND MARADI AGE 29 YEARS, R/O NIDOSOSHI ROAD BEHIND HUDCO COLONY SANKESHWAR, TQ:HUKKERI, DIST:BELGAUM

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(amended v/c/o dated 24.8.2022)

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KALLAPPA SHIVAPPA GUDASHI, AGE: MAJOR, NO.22 HIRA SUGAR COLONY, SANKESHWAR, DIST: BELGAUM.

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BHAGANAGOUDA NINGANAGOUDA PATIL AGE: MAJOR, R/O: UMRANI, TQ: CHIKODI, DIST: BELGAUM.

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MALLIKARJUNA C AVARNALI

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AGE: MAJOR, R/O.PB ROAD, BEHIND KEB, SANKESHWAR, TQ:HUKKERI,

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DIST: BELGAUM.

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(DECEASED BY L.Rs.)

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a) SMT.SHASHIKALA M AVARANALI W/O LATE MALLIKARJUN AVARNALI AGE 57 YEARS, R/O P B ROAD, BEHIND KEB SANKESHWAR, TQ:HUKKERI, DIST:BELGAUM.

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b) SMT.RAJALAKSHMI VIKRANT RAYAPPAGOL D/O LATE MALLIKARJUN AVARNALI AGE 26 YEARS, R/O P B ROAD, BEHIND KEB SANKESHWAR, TQ:HUKKERI, DIST:BELGAUM.

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c) SMT.PRIYA M AVARNALI

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WP No. 82012 of 2013

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D/O LATE MALLIKARJUN AVARNALI AGE 24 YEARS, R/O P B ROAD, BEHIND KEB SANKESHWAR, TQ:HUKKERI, DIST:BELGAUM. (amended v/c/o dated 24.8.2022)

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RAMALING ALABOUDA BALOHAL AGE: MAJOR, R/O: HANUMAN NAGAR, SANKESHWAR, DIST: BELGAUM.

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CHANDRASHEKHAR KASHAPPA DESAI, AGE: MAJOR, R/O. HANUMAN NAGAR, SANKESHWAR, TQ:HUKKERI, DIST: BELGAUM.

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LAXMAN DUNDAPPA GADAKARI AGE: MAJOR, R/O MADYKAL, TQ: GADHINGLAJ, DIST: KOLHAPUR, MAHARASHTRA STATE.

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(as per amended cause title filed on 8.11.2022)

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…RESPONDENTS

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(BY SRI. JAGADISH PATIL FOR: R1-R3 and.,ADVOCATE)

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THIS WP IS FILED PRAYING TO: I. DECLARE THAT SECTION 33(2)(b) OF THE INDUSTRIAL DISPUTES ACT (FOR SHORT THE ID ACT) AS HAVING BECOME UNNECESSARY IN THE LIGHT OF SECTION 10(4-A) OF THE KARNATAKA AMENDMENT ACT. II. QUASH THE IMPUGNED ORDER DATED:29.06.2013 IN APPLICATION NO.7/2010 PASSED BY THE ADDITIONAL LABOUR COURT, HUBLI (ANNEXURE-R). GRANT INTERIM ORDER, STAYING THE IMPUGNED ORDER DATED:29.06.2013 IN APPLICATION NO.7/2010 PASSED BY THE ADDL. LABOUR COURT, HUBLI (ANNEXURE-R) AND ALL FURTHER PROCEEDINGS PURSUANT TO DURING THE PENDENCY OF THE PRESENT WRIT PETITION.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING B- GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 82012 of 2013

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ORDER

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The respondents – workmen had filed an application under Section 33C(5) of the Industrial Disputes Act, 1947 (for short `ID Act, 1947’) for recovering the arrears of wages stating that the order passed by the petitioner terminating them from service was in violation of provisions contained in the ID Act, 1947. The Labour Court concerned allowed the application and directed the petitioner to pay backwages to the respondents – workmen, against which, the present petition is filed.

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The parties are present before this Court and have filed a compromise petition under Order 23 Rule 3 of CPC stating that the parties have amicably settled the dispute among themselves and the petitioner has paid the compensation to the respondents – workmen as specified in the compromise petition.

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The compromise petition is placed on record.

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The compromise petition indicates that the petitioner – Factory has deposited in all a sum of Rs.27,08,470/- before this Court in pursuance of the interim

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WP No. 82012 of 2013

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order dated 15.7.2014. The compromise petition further indicates that the petitioner has issued cheque in favour of the respondents – workmen as agreed between the parties towards full and final satisfaction of the claims of the respondents – workmen.

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The respondents – workmen are present before Court and have acknowledged the receipt of cheques issued towards full and final satisfaction of their claim.

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In view of the settlement arrived between the parties, the petitioner is entitled to receive the amount in deposit before this Court. The respondents-workmen in view of the compensation have been received by them have agreed that they have no claim pending as against the petitioner – Factory. In view of the settlement arrived between the parties, I pass the following:

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ORDER

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i) Writ petition is allowed.

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ii) The impugned order dated 29.6.2013 passed by the Additional Labour Court, Hubli in Application No.7/2010 at Annexure-R is hereby quashed.

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WP No. 82012 of 2013

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iii) The Registry to release the sum of Rs.27,08,470/-

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with interest accrued thereon to the petitioner subject to furnishing proper identification.

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Sd/JUDGE

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BKM

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List No.: 1 Sl No.: 82

M/S Hiranyakeshi Sahakari Sakkare v. Sidram Kallappa Kotagi

Case brief

What is this about?

What did the court decide?

M/S Hiranyakeshi Sahakari Sakkare v. Sidram Kallappa Kotagi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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