Allowed

The Management of M/S Bengal Lamps Ltd. v. State of Karnataka

Karnataka HC21 Nov 2023WP/21017/2022

Case brief

AI extract

What is this about?

The High Court quashed industrial tribunal proceedings following the workmen union's withdrawal of claims and a third-party deposit of funds. The court directed the Deputy Labour Commissioner to open fresh conciliation to complete the negotiation for disbursement of the deposited amount.

What did the court decide?

Quashed the order of reference and Industrial Tribunal proceedings; directed Deputy Labour Commissioner to open fresh conciliation for disbursement of funds deposited by M/s Godrej Properties Limited.

The Management of M/S Bengal Lamps Ltd. Vs… — Labour and Industrial Disputes | Karnataka HC (2023)

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NC: 2023:KHC:41838 WP No. 21017 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI

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WRIT PETITION NO.21017 OF 2022 (L-RES)

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BETWEEN:

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THE MANAGEMENT OF M/S BENGAL LAMPS LTD., 20 KM, OLD MADRAS ROAD, BANGALORE - 560049 REPRESENTED BY MS. RAMONA ADHIKARI, DIRECTOR,

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THE PETITIONER COMPANY WAS INCORPORATED UNDER THE COMPANIES ACT.

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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THE MANAGEMENT OF M/S BENGAL LAMBS LTD., NO. 137, PRINCE GULAM HUSSAIN SHAH ROAD, KOLKATA - 700 032, REPRESENTED BY

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MS. RAMONA ADHIKARI, DIRECTOR,

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THE PETITIONER COMPANY WAS INCORPORATED UNDER THE COMPANIES ACT.

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…PETITIONERS

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(BY SRI.S.SRIRANGA., SENIOR ADVOCATE FOR SMT.SUMANA NAGANAND., ADVOCATE)

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AND:

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STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY,

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2 - NC: 2023:KHC:41838 WP No. 21017 of 2022

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DEPARTMENT OF LABOUR, GOVERNMENT OF KARNATAKA, SECRETARIAT, VIKAS SOUDHA, BENGALURU - 560 001.

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WORKMEN REPRESENTED BY ABDULLA SAB GENERAL SECRETARY, M/S BENGAL LAMPS WORKERS UNION, 3^RD MAIN RAOD, GOVERNMENT COLLEGE ROAD, KUVEMPU NAGAR, HOSAKOTE - 562 114.

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…RESPONDENTS

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(BY SMT.V.SPOORTHI, HCGP FOR R1; SRI K.G.RAGHAVAN, SENIOR ADVOCATE FOR SRI RAGHUPATHI M.J., ADVOCATE FOR R2; SRI BADRI VISHAL, ADVOCATE FOR IMPLEADING APPLICANT ON IA No.2/2023)

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

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THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Sri.S.Sriranga., learned Senior counsel on behalf of Smt.Sumana Naganand., for the petitioners, learned HCGP for respondent No.1, Sri.K.G.Raghavan., learned Senior counsel on behalf of Sri.Raghupathi.M.J., for respondent No.2 and Sri.Badri Vishal., learned counsel for impleading applicant on I.A.No.2/2023 have appeared in person.

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NC: 2023:KHC:41838 WP No. 21017 of 2022

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Counsel Sri.Badri Vishal., submits that I.A.No.2/2023 may be dismissed as not pressed.

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Submission is noted.

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I.A.No.2/2023 is dismissed as not pressed.

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Learned Senior counsel Sri.K.G.Raghavan., submits that the Government of Karnataka on 20.07.2022 formulated the points for reference and referred the matter for adjudication before the Industrial Tribunal, Bengaluru in I.D.No.134/2022.

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Learned Senior counsel on instruction submits that the second respondent Union has no objection for withdrawal/ disposal of the proceedings filed by them before the Industrial Tribunal, Bengaluru in I.D.No.134/2022. It is also submitted that the second respondent Union consists of 444 workmen who are its members and they acknowledge that they do not have any claim of whatsoever nature past, present or future as against the petitioners.

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Independent of the same, learned Senior counsel Sri.K.G.Raghavan., further submits that a third party namely, M/s.Godrej Properties Limited, a registered Company has

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4 - NC: 2023:KHC:41838 WP No. 21017 of 2022

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agreed to deposit a sum of Rs.9,32,40,000/- (Rupees Nine Crore Thirty Two Lakh Forty Thousand only) in a designated Bank account operated and controlled by the Deputy Labour Commissioner-II, Bengaluru who shall verify the necessary KYC documents submitted by the workmen and oversee the process of payment of Rs.2,00,000/- (Rupees Two Lakh only) each to 444 workmen who are the members of the second respondent Union and Rs.10,000/- (Rupees Ten Thousand only) each to the second respondent Union proportionately as and when the amounts are paid to each of the workmen. The payment of Rs.9,32,40,000/- (Rupees Nine Crore Thirty Two Lakh Forty Thousand only) has nothing to do with the petitioners or the dispute which are subject matter of reference impugned in the present proceedings.

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In view of the undertaking regarding withdrawal of the I.D.No.134/2022, the order of reference dated:20.07.2022 vide Annexure-A and the proceedings initiated by the Industrial Tribunal, Bengaluru in I.D.No.134/2022 vide Annexure-B are quashed.

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The Writ Petition is allowed .

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NC: 2023:KHC:41838 WP No. 21017 of 2022

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Lastly, learned Senior counsel Sri.K.G.Raghavan., submits that a memo has been filed stating that the second respondent Union has requested the Deputy Labour Commissioner to facilitate and complete the negotiation process between the second respondent Union and a third party namely, M/s.Godrej Properties Limited. However, the Commissioner has issued an endorsement stating that in view of pendency of the Writ Petition before this Court, he is not able to proceed further in the matter. Learned Senior counsel submits that in view of disposal of the Writ Petition, appropriate direction may be issued to the Deputy Labour Commissioner to facilitate and complete the negotiation process.

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Learned Senior counsel placed reliance on the decision of the Apex Court in B.C.CHATURVEDI Vs. UNION OF INDIA AND OTHERS reported in (1995) 6 SCC 749 .

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Learned Senior counsel Sri.S.Sriranga., appearing on behalf of the petitioners strongly objects for the said direction and also contends that the Labour Commissioner being creature of a statute is not conferred with any such inherent power.

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NC: 2023:KHC:41838 WP No. 21017 of 2022

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The oral submission made by learned counsel for the respective parties is placed on record.

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In view of disposal of Writ Petition and in order to do a complete justice, this Court exercising the power under Article 226 of the Constitution of India, hereby directs the Deputy Labour Commissioner to open a fresh conciliation proceedings between the second respondent Union and third party namely M/s.Godrej Properties Limited and facilitate and complete the negotiation process in accordance with the law for disbursement of the amount in favor of the members of the Union as deposited by M/s.Godrej Properties Limited, the third party.

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Sd/JUDGE

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TKN,MRP List No.: 1 Sl No.: 18

The Management of M/S Bengal Lamps Ltd. v. State of Karnataka

Case brief

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The Management of M/S Bengal Lamps Ltd. v. State of Karnataka

Case brief

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