Dismissed

Sri C Ravikumar v. the National Textile Corporation Limited

Karnataka HC17 Nov 2023WP/63742/2016

Case brief

AI extract

What is this about?

High Court of Karnataka dismissed a writ petition filed by employees of National Textile Corporation Limited seeking pay scale parity based on a past industrial award. The court held that the petitioners were not members of the union that raised the dispute, remedies were not exhausted, and the exclusion from benefits was legally sustainable.

What did the court decide?

The Writ Petition filed under Article 226 of the Constitution of India, seeking implementation of the 2001 Industrial Tribunal award and quashing of an endorsement, was dismissed.

Sri C Ravikumar Vs the National Textile… — Pension and Retirement Benefits | Karnataka HC (2023)

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NC: 2023:KHC:41012 WP No. 63742 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO.63742 OF 2016 (L-RES)

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BETWEEN:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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SRI C.RAVIKUMAR, AGED 57 YEARS, S/O R.CHINNADURAI, SHOW ROOM INCHARGE, NATIONAL TEXTILE CORPORATION LIMITED, NTC SHOW ROOM, PUBLIC UTITILITY BUILDING, M.G.ROAD, BANGALORE - 560 001. 2. SRI C. CHANDRSHEKARA. AGED 52 YEARS, S/O SRI SIDHALINGAIAH C., JUNIOR SALESMAN, NATIONAL TEXTILE CORPORATION LIMITED, NTC SHOW ROOM, NO.1732, M.K.K.ROAD, 2^ND STAGE, D BLOCK, RAJAJINAGAR, BANGALORE - 560 010.

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SRI J.T. SREENIVASA, AGED 57 YEARS, S/O THIMMAIAH, SHOWROOM INCHARGE, NATIONAL TEXTILE CORPORATION LIMITED, NTC SHOW ROOM NO.3, WESTERN BLOCK, 1^ST FLOOR, CORPORATION SHOPPING COMPLEX, BANGALORE - 560 011.

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SMT. SUJATHA AGED 51 YEARS,

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NC: 2023:KHC:41012 WP No. 63742 of 2016

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W/O KARUNAKAR, JUNIOR SALES GIRL, NATIONAL TEXTILE CORPORATON LIMITED, NTC SHOW ROOM, K.S.RAO ROAD, MANGALORE - 575 001.

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SRI UMA SHANKAR D., AGED 55 YEARS, S/O DODDAIAH V., JUNIOR SALESMAN, NATIONAL TEXTILE CORPORAITON LIMITED, NTC SHOWROOM, NO.1, 1-B MAIN ROAD, II STAGE, RAJAJINAGAR, BANGALORE - 560 010.

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SRI GURUNATH KHANDEKAR S/O VASUDEV,

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SINCE DECEASED BY HIS LRs.

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6(a) SMT.NEENA GURUNATH KHANDEKAR, AGED ABOUT 46 YEARS, W/O LATE GURUNATH KAHNDEKAR.

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6(b) SRI SUSHIL GURUNATH KHANDEKAR, AGED ABOUT 28 YEARS, S/O LATE GURUNATH KHANDEKAR.

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6(c) SRI SUSHANTH GURUNATH KHANDEKAR, AGED ABOUT 24 YEARS, S/O LATE GURUNATH KHANDEKAR,

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6(a) TO 6(c) ARE R/AT CHAVAT GALLI, WARD NO.38, BELAGAVI - 590 001.

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A.SRIHARI AGED 56 YEARS, S/O LATE A.VASUDEV RAO, ASSISTANT SALESMAN / INCHARGE, NATION TEXTILE CORPORAITON LIMITED, LIG NO.152, KHB COLONY, 2^ND STAGE, KUVEMPUNAGAR, MYSORE - 570 023.

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3 - NC: 2023:KHC:41012 WP No. 63742 of 2016

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SMT S.L.VIJAYAKUMARI, AGED 53 YEARS, W/O LATE S.SUBRAMANYA, JUNIOR SALESGIRL, NATIONAL TEXTILE CORPORAITON LIMITED, LIG NO.152, KHB COLONY, 2^ND STAGE, KUVEMPUNAGAR, MYSORE - 570 023.

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…PETITIONERS

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(BY SRI. SHANTAKUMAR K.C., ADVOCATE)

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AND:

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THE NATIONAL TEXTILE CORPORATION LIMITED, (A GOVERNMENT OF INDIA UNDERTAKING), CORE IV SCOPE COMPLEX 7, LODHI ROAD, NEW DELHI-110 003, REPRESENTED BY ITS CHAIRMAN - CUM-MANAGING DIRECTOR.

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THE DEPUTY GENERAL MANAGER (MKTG), NATIONAL TEXTILE CORPORATION LIMITED, RETAIL MARKETING DIVISION, NTC HOUSE, POST BOX NO.2409, 35-B, SOMASUNDARAM MILLS ROAD, COIMBATORE - 641 009.

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…RESPONDENTS

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(BY SRI.SUBRAHMANYA, ADVOCATE FOR SRI B.C. PRABHAKAR, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

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THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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

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4 - NC: 2023:KHC:41012 WP No. 63742 of 2016

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ORDER

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Sri.Shantakumar.K.C., learned counsel for the petitioners and Sri.Subrahmanya., learned counsel on behalf of Sri.B.C.Prabhakar., for respondents 1 & 2 have appeared in person.

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The petitioners have sought to issue a Writ of Certiorari to quash the endorsement bearing No.NTC/RMD/ESTT/2016-17-2055 dated:08.11.2016 issued by the second respondent vide Annexure-H and also sought to issue a Writ of Mandamus directing the respondents that the petitioners be extended similar and identical time-scale of pay of Rs.8,200/- (Rupees Eight Thousand and Two Hundred only) to Rs.19,000/(Rupees Nineteen Thousand only) with retrospective effect from 20.07.2001 and also revising and refixing their pay as on 01.07.2015 making available to them all the consequential benefits including the financial benefits.

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The petition averments are these:

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On 20.08.1994, the National Textile Showroom

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Employees Association raised a Charter of Demand; on 25.11.1994, notice was issued to the respondent to implement

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5 - NC: 2023:KHC:41012 WP No. 63742 of 2016

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the demand. However, the same resulted in an Industrial Dispute. The Government of Karnataka referred the dispute to the Industrial Tribunal, Bengaluru. The Industrial Tribunal passed an award on 20.07.2001 allowing the dispute raised by the Union and held that the first party employees are entitled for the pay-scale as per IV Pay Commission Scale or NTC scales on par with employees of the Divisional Office of the second party. The said award was challenged by the respondent Management before this Court in W.P.No.6505/2002. The said petition came to be dismissed by an order dated:12.07.2006 confirming the award passed by the Industrial Tribunal. The order passed in Writ Petition was challenged before the Division Bench in W.A.No.1359/2006. The Writ Appeal was also dismissed vide order dated:21.03.2007. The order passed by the Division Bench was assailed before the Apex Court in Civil Appeal No.6036-6037/2009 and that was also dismissed by an order dated:24.09.2014. The respondents filed a Review Petition in No.797-798/2015, which was also dismissed.

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As things stood thus, on 02.11.2016, it appears that the third petitioner made a representation to the respondent to extend the IDA Pay scale. The National Textile Corporation

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NC: 2023:KHC:41012 WP No. 63742 of 2016

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Limited issued an endorsement on 08.11.2016 stating that his request cannot be considered. It is this endorsement that is called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition.

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Learned counsel for the petitioners and the 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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The principal contention of the petitioners is for implementation of the award dated:20.07.2001 passed by the Industrial Tribunal, Bengaluru in I.D.No.31/1995. A perusal of the prayer column would reveal that the petitioners have sought quashing of the endorsement.

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Suffice it to note that the General Secretary, National Textile Corporation Showrooms Employees Association, a registered Trade Union raised a dispute and Government of Karnataka referred the dispute to the Industrial Tribunal, Bengaluru. The Industrial Tribunal passed an award on 20.07.2001 allowing the dispute raised by the Union and held that the first party employees are entitled for the pay-scale as

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NC: 2023:KHC:41012 WP No. 63742 of 2016

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per IV Pay Commission Scale or NTC scales on par with employees of the Divisional Office of the second party. The said award was challenged by the respondent Management before this Court in W.P.No.6505/2002. The said petition came to be dismissed by an order dated:12.07.2006 confirming the award passed by the Industrial Tribunal. The order passed in Writ Petition was challenged before the Division Bench in W.A.No.1359/2006. The Writ Appeal was also dismissed vide order dated:21.03.2007. The order passed by the Division Bench was assailed before the Apex Court in Civil Appeal No.6036-6037/2009 and that was also dismissed by an order dated:24.09.2014. The respondents filed a Review Petition in No.797-798/2015, which was also dismissed.

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It is pivotal to note that the present petitioners have not approached the Government for reference nor any Industrial Dispute raised as has been done in the earlier Union. Hence, without exhausting remedy as available in the Industrial Disputes Act or in any other law, the petitioners cannot straight away invoke Article 226 of the Constitution of India.

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The present petitioners are not members of the registered trade union which has raised Industrial Dispute and obtained an award that has been confirmed by the Apex Court. Since the workmen involved in the said proceedings and the employees involved in the present Writ Petition are entirely different, hence non-extending benefits as has been extended to the members of earlier Union as per the award dated:20.07.2001 would not amount to violation of Articles 14, 15, 16 and 21 of the Constitution of India. The petitioners are not entitled to the pay-scale. The petitioners cannot invoke Article 226 of the Constitution of India.

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Furthermore, the third petitioner submitted the representation on 02.11.2016. The representation is furnished along with the Writ Petition and the same is at Annexure-G. A perusal of the same depicts that it is only the third petitioner who submitted a representation. The endorsement issued by the National Textile Corporation Limited, Coimbatore is also furnished and the same is marked as Annexure-H. It is communicated to the third petitioner - J.T.Sreenivasa on 08.11.2016. In the endorsement, the request of the third petitioner has been rejected on the ground that the issue

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NC: 2023:KHC:41012 WP No. 63742 of 2016

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regarding pay pattern as decided in the award, Writ Petition, Writ Appeal and the Apex Court confines only to twenty-six employees who were the members of the original claimant of National Textile Corporation Showroom Employees Association, Bengaluru at the relevant point of time. It is also stated that no other persons are entitled to lay any claim for pay parity on the basis of the Apex Court order. It is also stated that in the list of twenty-six persons furnished by the claimant Union, the name of the third petitioner was not found. The reasons assigned in the endorsement is just and proper. It appears that the other petitioners have not made any representation. Hence, petitioners have not made out grounds to quash the endorsement dated:08.11.2016.

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For the reasons stated above, the Writ Petition is devoid of merits and it is liable to be dismissed.

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6. Accordingly, the Writ Petition is dismissed .

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Sd/JUDGE

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TKN,MRP List No.: 1 Sl No.: 16.2

Sri C Ravikumar v. the National Textile Corporation Limited

Case brief

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Sri C Ravikumar v. the National Textile Corporation Limited

Case brief

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