Disposed

Suryodaya Mill Workers Union v. the Management of Suryodaya Industries Limited

Karnataka HC3 Mar 2023WP/6019/2008

Case brief

AI extract

What is this about?

High Court dispelled two writ petitions challenging Industrial Tribunal awards on lockout and stale reference issues. Matters disposed based on a settlement agreement where the employer paid specified sums to workmen of textile and PVC units acknowledged by parties.

What did the court decide?

Writ petitions disposed of in view of the settlement arrived between the parties.

Suryodaya Mill Workers Union Vs the… — Labour and Industrial Disputes | Karnataka HC (2023)

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WP No. 6019 of 2008 C/W WP No. 6018 of 2008

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 6019 OF 2008 (L-RES)

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C/W

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WRIT PETITION NO. 6018 OF 2008 (L-RES)

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In W.P.No.6019/2008

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BETWEEN:

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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SURYODAYA MILL WORKERS UNION, NO.23/2, I MAIN ROAD, SESHADRIPURAM, BANGALOER 20. REPRESENTED BY ITS OFFICER SRI.V.NAGARAJ.

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…PETITIONER

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(BY SRI. K S SUBRAHMANYA, ADVOCATE)

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AND:

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THE MANAGEMENT OF SURYODAYA INDUSTRIES LIMITED, TUMKUR ROAD, BANGALORE. REPRESENTED BY ITS MANAGER SRI.T.HANUMANTHA BHATT.

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…RESPONDENT

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(BY SRI. PRASHANTH B.R., ADVOCATE)

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THIS W.P. FILED PRAYING TO QUASH THE IMPUGNED AWARD DATED 01.12.2006 VIDE ANNEX.A. PASSED BY THE INDUSTRIAL TRIBUNAL, BANGALORE, IN I.D.NO.97/1988 AND GRANT FULL WAGES TO THE WORKMEN FOR THE FORCED PERIOD OF UNEMPLOYMENT FROM 21.2.1988 TO 8.3.1988 AND FROM 31.3.1988 ONWARDS TILL THE DATE OF CLOSURE VIZ., 10.05.1989.

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WP No. 6019 of 2008 C/W WP No. 6018 of 2008

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In W.P.No.6018/2008

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BETWEEN:

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SURYODAYA MILL WORKERS UNION, NO.23/2, I MAIN ROAD, SESHADRIPURAM BANGALORE 20. REPRESENTED BY ITS OFFICER SRI.V.NAGARAJ.

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…PETITIONER

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(BY SRI. K S SUBRAHMANYA.,ADVOCATE)

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AND:

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THE MANAGEMENT OF SURYODAYA INDUSTRIES LIMITED, TUMKUR ROAD, BANGALORE. REPRESENTED BY ITS MANAGER SRI.T.HANUMANTHA BHATT

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…RESPONDENT

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(BY SRI. K RAMACHARAN, ADVOCATE)

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THIS W.P. FILED PRAYING TO QUASH THE AWARD DATED 01.12.2006 PASSED BY THE INDUSTRIAL TRIBUNAL, BANGALORE IN I.D.NO. 67/1988 (ANNEX-A HEREIN) AND GRANT: A) INCREASE IN BASIC SALARY, D.A., AND OTHER BENEFITS BASED ON POINTS OF DISPUTE. B) FULL WAGES FOR THE PERIOD OF LOCKOUT FROM 19.10.1985 TO 30.4.1986.

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THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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W.P.No.6018/2008 is filed challenging the award dated

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01.12.2006 passed by the Industrial Tribunal in I.D.No.67/1988

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WP No. 6019 of 2008 C/W WP No. 6018 of 2008

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by which, reference under Section 10(1)(d) of the Industrial Tribunal Act, 1947 was held to be stale.

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W.P.No.6019/2008 is filed challenging the award dated 01.12.2006 passed by the Industrial Tribunal in I.D.No.97/1988 by which, Industrial Tribunal dismissed the dispute raised by petitioner holding that, the workman having not worked, for a period for which the reliefs are claimed is not considered as lockout. Hence, workman is not entitled for any wages.

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Parties are present before this Court and have filed joint memo along with memorandum of settlement under Section 18(1) read with Section 2(p) of Industrial Tribunal Act, 1947. The same is placed on record.

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As per the terms of the settlement, the respondent has paid sum of Rs.40,000/- to each workman belonging to textile unit, whose names are mentioned in Annexure-1 and sum of Rs.20,000/- to each workman belonging to PVC unit and receipt of the same has been acknowledged by the parties who are present before this Court.

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WP No. 6019 of 2008 C/W WP No. 6018 of 2008

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Accordingly, writ petitions are disposed of, in view of the settlement arrived between the parties.

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Pending I.As., if any, do not survive for consideration in view of the disposal of the main matter.

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Sd/JUDGE

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GPG

Suryodaya Mill Workers Union v. the Management of Suryodaya Industries Limited

Case brief

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Suryodaya Mill Workers Union v. the Management of Suryodaya Industries Limited

Case brief

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