Allowed

The Management of Biovet Pvt. Ltd. v. Anand S.V.

Karnataka HC4 Dec 2024WP/6730/2024

Case brief

AI extract

What is this about?

A writ petition challenged an order permitting prosecution of the employer for non-implementation of a reinstatement award. Since this Court had already stayed that award subject to Section 17B wages being paid, and wages were being paid, the permission order was set aside.

What did the court decide?

Writ of Certiorari ordered; order dated 06.02.2024 of the Addl. Labor Commissioner granting permission to prosecute the Management was quashed.

The Management of Biovet Pvt. Ltd. Vs Anand… — Labour and Industrial Disputes | Karnataka HC (2024)

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NC: 2024:KHC:49914 WP No. 6730 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 6730 OF 2024 (L-RES)

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BETWEEN:

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THE MANAGEMENT OF BIOVET PVT. LTD., INCORPORATED UNDER THE COMPANIES ACT, NO.308, III PHASE, KIADB INDUSTRIAL AREA, MALUR TALUK, KOLAR DISTRICT-563 130. REPRESENTED BY SMT.AMULYA (HR).

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…PETITIONER

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(BY SRI. VENKATESH PRASAD., ADVOCATE FOR SRI. AKASH.V.T., ADVOCATE)

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AND:

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Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka

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ANAND.S.V. S/O VENKATA RAMAPA, AGED ABOUT 32 YEARS, R/O SOMAPPANAHALLI VILLAGE, KUDIYANUR POST, MALUR TALUK, KOLAR DISTRICT-563 130.

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OFFICE OF THE LABOUR COMMISSIONER, THROUGH THE ADDITIONAL LABOR COMMISSIONER, HAVING OFFICE AT KARMIKA BHAVANA, BANNERUGHATTA ROAD, BENGALURU-560 029.

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…RESPONDENTS

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(BY SRI. K.B.NARAYANASWAMY., ADVOCATE FOR R1; SRI. S.H.RAGHAVENDRA., AGA FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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NC: 2024:KHC:49914 WP No. 6730 of 2024

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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Sri.Venkatesh Prasad., counsel on behalf of

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Sri.Akash.V.T., for the petitioner has appeared through video conferencing.

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Sri.K.B.Narayanaswamy., counsel for respondent No.1 and Sri.S.H.Raghavendra., AGA for respondent No.2 have appeared in person.

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The captioned Writ Petition is filed seeking a Writ of Certiorari to quash order dated 06.02.2024 passed by the Addl. Labor Commissioner, Bengaluru in ¸ÀASÉå: LJJ-1/¹Dgï-44/2023-

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24 vide Annexure-A.

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Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care.

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Suffice it to note that the first respondent raised a dispute against the Management before the Labour Court, Kolar in I.D.No.07/2021. On the trial of the action, the Labour Court

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3 - NC: 2024:KHC:49914 WP No. 6730 of 2024

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vide award dated 22.11.2022 set-aside the order of termination and directed the Management to reinstate the first respondent into service with full back wages, continuity of service and all other consequential benefits.

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The first respondent filed an application before the Addl. Labor Commissioner seeking permission to prosecute the Management for non-implementation of the award of the Labour Court. The Addl. Labor Commissioner vide order dated 06.02.2024 granted permission to the first respondent to prosecute the Management.

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It is pivotal to note that the Management assailed the award dated 22.11.2022 passed by the Labour Court before this Court in W.P.No.3511/2023 and this Court vide order dated 05.02.2024 had stayed the award dated 22.11.2022 passed by the Labour Court in I.D.No.07/2021, subject to the Management complying 17B wages in accordance with the law.

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Sri.K.B.Narayanaswamy., counsel for the first respondent submits that the pursuant to the interim order granted by this Court in W.P.No.3511/2023, the Management is

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NC: 2024:KHC:49914 WP No. 6730 of 2024

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paying 17B wages. Counsel therefore, submits that an appropriate order may be passed.

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Counsel for the petitioner submits that an appropriate order may be passed.

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Taking note of the submission made by counsel for the respective parties about the payment of 17B wages, this Court deems it proper to set-aside the order passed by the Addl. Labor Commissioner, Bengaluru granting permission to prosecute the Management. Accordingly, it is set-aside.

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The Writ of Certiorari is ordered. The order dated 06.02.2024 passed by the Addl. Labor Commissioner, Bengaluru in ¸ÀASÉå: LJJ-1/¹Dgï-44/2023-24 vide Annexure-A is quashed.

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8. Resultantly, the Writ Petition is allowed .

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Sd/(JYOTI MULIMANI) JUDGE

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TKN List No.: 1 Sl No.: 31

The Management of Biovet Pvt. Ltd. v. Anand S.V.

Case brief

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The Management of Biovet Pvt. Ltd. v. Anand S.V.

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