Allowed

M/S K C Das Private Limited v. Mr. a H Devaraju

Karnataka HC18 Dec 2023WP/25001/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a writ petition filed by an employer to quash proceedings initiated by the Labour and Conciliation Officer. The Court held that employee suspension is not an industrial dispute nor a punishment, rendering the proceedings unsustainable and liable to be quashed.

What did the court decide?

The Writ of Certiorari was issued and the proceedings pending before the fifth respondent (Labour and Conciliation Officer) were quashed.

M/S K C Das Private Limited Vs Mr. a H… — Labour and Industrial Disputes | Karnataka HC (2023)

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1 - NC: 2023:KHC:45989 WP No. 25001 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO.25001 OF 2023 (L)

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BETWEEN:

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M/S K.C.DAS PRIVATE LIMITED, #67/6, INDUSTRIAL SUBURB, MUNICIPAL DIVISION - 8, YESHWANTHPUR, BENGALURU - 560 022. REGISTERED UNDER KARNATAKA SHOPS AND COMMERCIAL ACT 1961. REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, SRI. B.N.DAS, AGED ABOUT 89 YEARS.

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…PETITIONER

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(BY SRI. SANTHOSH NARAYAN., ADVOCATE)

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AND:

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MR. A.H.DEVARAJU

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Digitally signed by S/O A.R.HUCHAPPA, THEJASKUMAR N Location: HIGH AGED ABOUT 42 YEARS,

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COURT OF #779, 5^TH CROSS, 5^TH MAIN, KARNATAKA KAMALANAGAR, BENGALURU - 560 079. MOBILE NO.9980032825.

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MR. TIJU JOHN S/O LATE MR. JOHN, AGED ABOUT 49 YEARS, #23, "RITU BHAVAN", 12^TH CROSS, ADUGODI MAIN ROAD, ADUGODI POST, BENGALURU - 560 030. MOBILE NO.9845616523.

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2 - NC: 2023:KHC:45989 WP No. 25001 of 2023

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MR. S.SANJAY S/O LATE K.SHANKAR, AGED ABOUT 37 YEARS, #45, G STREET, SHANTHINAGAR, BENGALURU - 560 027. MOBILE NO.9742521435.

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KARNATAKA TRADE UNION CENTRE, #43, MIG, 2^ND STAGE, KHB COLONY, BASAVESHWARA NAGAR, BENGALURU - 560 079. REPRESENTED BY ITS PRESIDENT MR. G.R.SHIVASHANKAR.

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THE LABOUR AND CONCILIATION OFFICER, GOVERNMENT OF KARNATAKA, DIVISION - 4, KARMIKA BHAVAN, BANNERGHATTA ROAD, BENGALURU - 560 029.

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…RESPONDENTS

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(BY SMT. RASHMI.M.R., ADVOCATE FOR R1 TO R4; SMT. RASHMI PATEL., HCGP FOR R5)

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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 PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Sri.S.Santhosh Narayan., learned counsel for the petitioner, Smt.Rashmi.M.R., learned counsel for respondents 1 to 4 and Smt.Rashmi Patel., learned HCGP for respondent No.5 have appeared in person.

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NC: 2023:KHC:45989 WP No. 25001 of 2023

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The captioned Writ Petition is filed seeking to issue

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a Writ of Certiorari or any other writ and quash the proceedings pending before the fifth respondent in IDA/SR/13/2023-24 as per Annexure-R.

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Learned counsel for the petitioner and the

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respondents have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the Writ papers with utmost care.

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Sri.Santhosh Narayan., learned counsel for the petitioner in presenting his arguments strenuously urged that the suspension of an employee is not an industrial dispute. He argued by saying that the order of suspension is not punishment. Hence, the initiation of proceedings by the fifth respondent is unsustainable in law. He placed reliance on the decision of this Court in MANAGEMENT OF BOSCH LIMITED VS. STATE OF KARNATAKA AND OTHERS reported in MANU/KA/2497/2012 to contend that the order of suspension cannot be questioned by the workman and if the proceedings are allowed to be continued before the Labour and Conciliation Officer, it is as good as intervening in the inquiry

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NC: 2023:KHC:45989 WP No. 25001 of 2023

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process. Hence, he submitted that initiation of proceedings by the fifth respondent may be quashed.

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Smt.Rashmi Patel., learned HCGP justified the submission made by learned counsel for the petitioner.

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Smt.Rashmi.M.R., learned counsel for respondents 1 to 4 justified the initiation of the proceedings by the fifth respondent.

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

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Suffice it to note that respondents 1 to 3 are employed by the petitioner at its factory situated at Yeshwanthapur, Bengaluru and they have been subjected to disciplinary inquiry proceedings on account of certain misconduct and the order of suspension is passed by the Management. Hence, they made a representation on 12.08.2023 and the fifth respondent - Labour and Conciliation Officer has taken the representation on record and has registered it as an Industrial Dispute in ¸ÀASÉå: PÁC¨ÉA4/LrJ/J¸ïDgï-13/2023-24. Based on the representation, the fifth

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respondent has initiated proceedings. This is unsustainable in

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NC: 2023:KHC:45989 WP No. 25001 of 2023

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law. The reason is apparent. The law is well settled that the suspension of an employee is not an industrial dispute and the order of suspension is not a punishment. Furthermore, mere

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suspension pending inquiry by itself does not constitute an Industrial Dispute. This aspect of the matter has been overlooked by the fifth respondent and is erroneously proceeding further in the matter. Hence, I have no hesitation in holding that initiation of proceedings by fifth respondent is unsustainable in law and it is liable to be quashed. Accordingly, it is quashed.

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The Writ of Certiorari is ordered. The proceedings pending before the fifth respondent in ¸ÀASÉå: PÁC¨ÉA-

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4/LrJ/J¸ïDgï-13/2023-24 vide Annexure-R is quashed.

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6. As a result, the Writ Petition is allowed .

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Sd/JUDGE

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TKN List No.: 1 Sl No.: 27

M/S K C Das Private Limited v. Mr. a H Devaraju

Case brief

What is this about?

What did the court decide?

M/S K C Das Private Limited v. Mr. a H Devaraju

Case brief

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What did the court decide?

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