Disposed

Engineering and General Workers Union (R) v. the Management of

Karnataka HC1 Oct 2024WP/10595/2022

Case brief

AI extract

What is this about?

Union challenged a Labour Court award holding workmen had abandoned employment rather than being refused work by the management. On the management's affidavit undertaking to pay gratuity to employees unwilling to resume duty by May 2025, the Union did not press the petition and it was disposed of in terms of the undertaking.

What did the court decide?

Petition disposed in terms of the management's affidavit undertaking to pay gratuity to non-resuming employees.

Engineering and General Workers Union (R)… — Labour and Industrial Disputes | Karnataka HC (2024)

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1 - NC: 2024:KHC:40939 WP No. 10595 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE K.S. HEMALEKHA

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WRIT PETITION NO.10595 OF 2022 (L-RES)

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BETWEEN:

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ENGINEERING AND GENERAL WORKERS UNION (R) GHATE BHAVAN, GAYATRI DEVI PARK, EXTENSION, VYALIKAVAL, BENGALURU – 560 003 REPRESENTED BY ITS GENERAL SECRETARY. ... PETITIONER

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(BY SRI NARAYANA SWAMY K.B.,ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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THE MANAGEMENT OF CHESA DENTAL CARE SERVICES LTD., ENGAGED IN MANUFACTURING OF DENTAL EQUIPMENT, 2^ND FLOOR, NO.51-52, EPIP ZONE, KIADB INDUSTRIAL AREA, WHITE FIELD, BENGALURU – 560 066 REPRESENTED BY ITS MANAGING DIRECTOR. ... RESPONDENT

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(BY SRI SOMASHEKAR, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE AWARD DATED 08.11.2021 PASSED BY THE HON’BLE II ADDITIONAL LABOUR COURT, BENGALURU IN REF.NO.14/2015 AS AT ANNEXUREA AS UNSUSTAINABLE IN LAW; TO DIRECT THE RESPONDENT TO PAY FULL WAGES FOR THE PERIOD FROM 18.03.2014 (DATE OF REFUSAL OF WORK) TO 21.06.2016 (DATE OF REPORTING FOR DUTY) TO 13 WORKMEN (WHO REPORTED FOR DUTY) WITH ALL OTHER CONSEQUENTIAL BENEFITS.

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THIS WRIT PETITION COMING ON FOR HEARING – INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2024:KHC:40939 WP No. 10595 of 2022

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CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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Workmen of the petitioner-Union raised industrial dispute on the ground that they were refused employment by the respondent, the Labour Court on adjudication held that the concerned workmen have abandoned the employment and it was not a case of refusal by the management.

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Assailing the legality and correctness of the

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order passed in Ref. No.14/2015, the petitioner-Union is

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before this Court in this writ petition.

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Affidavit is filed by Smt. Anju Lila Ramani, Chief Operating Officer of the respondent–management, who was present before the Court in the morning hour. The affidavit reads as under:

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“2. I submit that, the respondent company is in financial difficulties at present.

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3 - NC: 2024:KHC:40939 WP No. 10595 of 2022

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3. I submit that gratuity will be paid to the employees in May 2025 as per payment of Gratuity Act who are not willing to report for duty.

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4. I submit that employees should resign from the service and withdraw the charter of demand case ID No.59/2017 and ID No.92/2017 regarding transfer and this Writ Petition can be disposed without any further claim of any nature from the employees, in the interest of justice and equity.”

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Learned counsel appearing for the petitionerUnion submits that in light of the undertaking given by the Chief Operating Officer of the respondent-management that the employees, who are not willing to work, would be paid gratuity under the Payment of Gratuity Act, 1972, by May, 2025, the petitioners do not intend to press the petition and the petition to be disposed of in terms of the affidavit.

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Affidavit is taken on record and would form part

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and parcel of this order and accordingly, this Court pass the following:

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4 - NC: 2024:KHC:40939 WP No. 10595 of 2022

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ORDER

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Writ petition stands disposed of in terms of the undertaking affidavit filed by the respondent-

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management.

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Sd/(K.S. HEMALEKHA) JUDGE

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MBM List No.: 1 Sl No.: 21

Engineering and General Workers Union (R) v. the Management of

Case brief

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Engineering and General Workers Union (R) v. the Management of

Case brief

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