Disposed

M/S. Tokai Rubber Auto Parts India Pvt. Ltd. v. Government of Karnataka

Karnataka HC10 Sept 2024WP/7292/2022

Case brief

AI extract

What is this about?

Management challenged an order of reference of an industrial dispute to the Industrial Tribunal. Parties filed a joint memo of settlement under which compensation was paid to two ex-employees. The court recorded the settlement, noted the reference did not survive, closed tribunal proceedings and disposed of the petition.

What did the court decide?

Writ petition disposed of in terms of joint memo; order of reference and AID No.14/2022 proceedings closed after payment of settled compensation.

M/S. Tokai Rubber Auto Parts India Pvt… — Labour and Industrial Disputes | Karnataka HC (2024)

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1 - NC: 2024:KHC:36875 WP No. 7292 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF SEPTEMBER, 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.7292 OF 2022 (L-RES)

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BETWEEN:

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M/S. TOKAI RUBBER AUTO PARTS INDIA PVT. LTD., PLOT NO.337, PHASE-2, HAROHALLI INDUSTRIAL AREA, HAROHALLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562112 REPRESENTED BY GENERAL MANAGER-HR AND ADMIN. ... PETITIONER

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(BY SRI VASUKI K.N., ADVOCATE FOR SRI B.C. PRABHAKAR, ADVOCATE)

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AND:

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GOVERNMENT OF KARNATAKA DEPARTMENT OF LABOUR, VIKAS SOUDHA, VIDHANA VEEDHI, BENGALURU-560 001. BY ITS PRINCIPAL SECRETARY.

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

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PRESIDENT KARNATAKA TRADE UNION CENTRE NO.43, 2^ND FLOOR, 2^ND STAGE KHB COLONY, BASAVESHWARANAGAR, BENGALURU – 560 079. ... RESPONDENTS

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(BY SRI K.B. NARAYANA SWAMY, ADVOCATE FOR R-2; SRI MANJUNATH K., HCGP FOR R-1)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS LEADING TO THE ISSUANCE OF THE ORDER OF REFERENCE DATED 04.02.2022 IN NO.LD-IDM/75/2022/LD-DO.6.L.S. ANNEXURE-J; QUASHING THE ORDER OF REFERENCE DATED 04.02.2022 MADE BY THE FIRST RESPONDENT LD-IDM/75/2022/LD-DO.6.LS. ANNEXUREJ; QUASH THE PROCEEDINGS PENDING BEFORE THE ADDL. INDUSTRIAL TRIBUNAL, BENGALURU ID NO.14/2022 ANNEXURE-H.

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NC: 2024:KHC:36875 WP No. 7292 of 2022

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THIS WRIT PETITION COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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Sri.P.Basavaraju and Sri.H.Hanumantha raju,

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through the Union had registered the dispute before the Assistant Labour Commissioner and that the Labour Commissioner by Order of Reference No.LDIDM/75/2022/LD.DO.6.L.S. dated 04.02.2022 referred the matter to the industrial tribunal in AID No.41/2022. Assailing the order of reference made by the respondent No.1 dated 04.02.2022, the petitioner management is before this court.

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Both the counsel submits that the petitioner

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and respondent No.2 have amicably settled the dispute and filed the joint memo of settlement, which is signed by the authorised signatory of the Petitioner-management

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and the workers of respondent No.2-Union namely

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3 - NC: 2024:KHC:36875 WP No. 7292 of 2022

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Sri.P.Basavaraju and Sri.H.Hanumantha raju. The terms of

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the settlement reads as under:-

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"TERMS OF SETTLEMENT:

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5.1 The Petitioner's management has agreed to pay 11 months' gross salary to each ex-employee covered under the order of Reference apart from the amount already paid towards leave encashment, gratuity, bonus. The two ex- employees have agreed to receive 11 months' salary which is calculated as indicated hereunder in full and final settlement;

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Set	tlement c	ost impact
Name	Nos. of	Last drawn	Payable
	Months	salary	Compensation
			Amount
Basavaraju P.	11	32,410.00	3,56,510.00
Hanumantharaju H.	11	31,156.00	3,42,716.00
Total			6,99,226.00

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5.2 Both the parties agreed to file Joint Memo of Settlement and seek for quashing of the orders impugned in the Writ Petition.

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5.3 It is agreed that the above compensation amount will be paid to the two ex-employees in the Court Hall ie at the time of reporting the settlement.

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4 - NC: 2024:KHC:36875 WP No. 7292 of 2022

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5.4 This payment is in full and final settlement of all the claims. Both the ex-employees declare that they have no any other claim whatsoever against the Petitioner's company, Wherefore both the parties respectfully pray that this Hon'ble Court may be pleased to dispose off the Writ Petition in terms of the Joint Memo of Settlement and quash the following orders which are impugned in the Writ Petition.

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i) Order of Reference dated: 04.02.2022 made by the First Respondent (Annexure-J) in No.LDIDM/75/2022/LD-DO.6.L.S

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ii) Notice dated: 17.2.2022 issued by the Addl. Industrial Tribunal, Bengaluru in AID No.14/2022 (Annexure-H). in the interest of justice and equity."

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The terms of settlement aforementioned forms part and parcel of this order.

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In terms of the settlement, the petitioner through his authorised signatory is handing over a sum of Rs.3,56,510/- vide D.D. bearing No.‘011899’ drawn in the name of Basavaraju P and another D.D. bearing No.011898 drawn in the name of Hanumantharaju H., for Rs.3,42,716/-. The D.D. numbers mentioned above has

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5 - NC: 2024:KHC:36875 WP No. 7292 of 2022

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been handed over to the Sri.Basavaraju and

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Sri.Hanumantharaju who are present before the court.

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In the light of settlement arrived between the parties, the impugned order of Reference dated 04.02.2022 and the notice dated 21.03.2022 from the Additional Industrial Tribunal, does not survive for consideration .

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In terms of settlement, the proceedings

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initiated in pursuant to the Order of Reference in AID No.14/2022 stands closed.

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Accordingly, this writ petition is disposed of.

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Sd/(K.S. HEMALEKHA) JUDGE

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AKV List No.: 1 Sl No.: 22 CT:SK

M/S. Tokai Rubber Auto Parts India Pvt. Ltd. v. Government of Karnataka

Case brief

What is this about?

What did the court decide?

M/S. Tokai Rubber Auto Parts India Pvt. Ltd. v. Government of Karnataka

Case brief

What is this about?

What did the court decide?

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