Allowed

The Managing Director v. G Anand Since Deceased by His Lrs.

Karnataka HC5 Jul 2024WP/8429/2020

Case brief

AI extract

What is this about?

BESCOM challenged a Labour Court award granting benefits to legal representatives of a deceased contract labourer. The High Court found no employer-employee relationship existed between BESCOM and the deceased, who worked under a contractor, and quashed the award.

What did the court decide?

Writ of certiorari ordered; award dated 29.06.2019 in I.D.No.28/2017 passed by Principal District and Sessions Judge, Kolar, quashed.

The Managing Director Vs G Anand Since… — Labour and Industrial Disputes | Karnataka HC (2024)

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NC: 2024:KHC:25481 WP No. 8429 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 8429 OF 2020 (L-RES)

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BETWEEN:

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THE MANAGING DIRECTOR, BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM), CAUVERY BHAVAN, BENGALURU-560 009. REPRESENTED BY THE GENERAL MANAGER (ADMIN AND HR) CORPORATE OFFICE, BESCOM, K.R.CIRLCE, BANGALORE-560 001.

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THE EXECUTIVE ENGINEER, (ELECTRICAL) O AND M DIVISION, BESCOM, KOLAR-563 101.

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THE EXECUTIVE ENGINEER (ELECTRICAL), K.G.F., DIVISION, BESCOM, CHAMPION REEF, KGF, KOLAR DISTRICT-573 117.

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

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THE ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), MULBAGAL SUB-DIVISION, BESCOM MULBAGAL, KOLAR DISTRICT-563 131.

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…PETITIONERS

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(BY SRI. B.L.SANJEEV., ADVOCATE)

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AND:

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G.ANAND

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SINCE DECEASED BY HIS LR'S,

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SMT. SARASWATHAMMA, W/O LATE G.ANAND,

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NC: 2024:KHC:25481 WP No. 8429 of 2020

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AGED ABOUT 34 YEARS,

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KAVYA.A D/O LATE G.ANAND, AGED ABOUT 17 YEARS,

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KISHORE.A S/O LATE G.ANAND, AGED ABOUT 14 YEARS,

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RESPONDENT 2 AND 3 ARE MINORS AND ARE REPRESENTED BY THIER NATURAL GUARDIAN AND MOTHER. SMT. SARASWATHAMMA, RESPONDENT NO.1. ALL ARE RESIDING AT SANNAVADI VILLAGE, MULBAGAL TALUK, KOLAR DISTRICT-563 131.

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…RESPONDENTS

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(R1-SERVED AND UNREPRESENTED)

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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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THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Sri.B.L.Sanjeev., learned for the petitioners has appeared

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in person.

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Emergent notice to the respondents was ordered on 19.08.2021. A perusal of the office note depicts that the respondents are served and unrepresented. They have neither

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3 - NC: 2024:KHC:25481 WP No. 8429 of 2020

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engaged the services of an advocate nor conducted the case as a party in person.

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The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the award dated:29.06.2019 passed by the Principal District and Sessions Judge, Kolar in I.D.No.28/2017 vide Annexure-C on several grounds as setout in the Memorandum of Writ Petition.

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Learned counsel for the petitioners has urged several contentions. Heard, the contentions urged on behalf of the petitioners and perused the Writ papers with utmost care.

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Suffice it to note that, the deceased Sri.G.Anand

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was working as a contract laborer under the Contractor to whom the petitioners awarded the contracts. The petitioners used to entrust to work to registered Contractors; who used to get the works done through the workers/ gangmen deployed by them and Sri.G.Anand was one among such gangmen working under the Contractor at Mulbagal Sub-Division. It is noticed that the contract period came to end in the month of March 2016. It is pivotal to note that, at no point in time, he was appointed as worker by BESCOM. There is nothing on record

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4 - NC: 2024:KHC:25481 WP No. 8429 of 2020

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show that he was working under the BESCOM to contend that there is a relationship of employer and employee between him and BESCOM. The Labour Court has overlooked this aspect of the matter. Furthermore, after the expiry of the contract period, the Contractors could not give any work to their workmen. This cannot be a reason for Sri.G.Anand to raise a dispute under Section 10(4-A) of the Industrial Disputes Act, 1947. Hence, the Labour Court erred in holding that the legal representatives are entitled for all the benefits as per the BESCOM Rules and Regulations. As already noted above, when there is no relationship of employer and employee between Sri.G.Anand and BESCOM, question of payment of monetary benefits as per the BESCOM Rules and Regulations does not arise for consideration. For the reasons stated above, the award passed by the Labour Court is liable to be set aside. Accordingly, it is set aside.

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The Writ of Certiorari is ordered. The award dated:29.06.2019 passed by the Principal District and Sessions Judge, Kolar in I.D.No.28/2017 vide Annexure-C is quashed.

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NC: 2024:KHC:25481 WP No. 8429 of 2020

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7. Resultantly, the Writ Petition is allowed .

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Sd/JUDGE

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MRP List No.: 1 Sl No.: 20

The Managing Director v. G Anand Since Deceased by His Lrs.

Case brief

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The Managing Director v. G Anand Since Deceased by His Lrs.

Case brief

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