M/S. Instrument Research Associates Pvt. Ltd., Vs Karnataka Workers Union

M/S. INSTRUMENT RESEARCH ASSOCIATES PVT. LTD., HAVING ITS FACTORY AT A -201, B-202, 1^ST FLOOR, BLOCK - 1, KSSIDC MULTISTOREYED COMPLEX, ELECTRONIC CITY , HOSUR ROAD, BANGALORE - 560100 (REPRESENTED BY ITS AUTHORIZED SIGNATORY DEPUTY GENERAL MANAGER - FINANCE MR JAYATH K HEGDE, AGED 47 YEARS

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…APPELLANT

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Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

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(BY SMT. LAKSHMI IYENGAR, SENIOR COUNSEL FOR SMT. MISHA THOMAS., ADVOCATE)

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AND:

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KARNATAKA WORKERS UNION CITU OFFICE, V G. GOPALA BUILDING, NO 20/1, LALBAGH FORT ROAD, BANGALORE - 04 REPRESENTED BY EKN RAJAN GENERAL SECRETARY

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…RESPONDENT

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(BY SRI. NAIK V S., ADVOCATE)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 06.12.2024 PASSED IN WP.No.7248/2023 (L-

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RESPONDENTS) AND PASS SUCH OTHER ORDER OR DIRECTION AS THIS HON'BLE COURT DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND ALLOW THIS WRIT APPEAL WITH COSTS, IN THE ENDS OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present writ appeal has been filed impugning the

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order dated 06.12.2024 passed by the learned Single Judge in W.P.No.7248/2023 wherein the learned Single

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Judge has directed the Management/Appellant to first comply with the order dated 20.04.2023 for payment 17-B wages to the eligible workmen in favour of whom the award was passed by the Industrial Tribunal in I.D.No.53/2011.

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Learned counsel for the appellant submits that

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though award was in favour of 21 workmen but several had been gainfully employed even after the award was

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passed. The Management has filed an affidavit showing

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the persons who were gainfully employed even after the award was passed but without considering the contents of the said affidavit, the learned Single Judge directed the Management to comply with order dated 20.04.2023 for payment of 17-B wages.

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On the other hand, learned counsel for the

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respondent-workmen submits that out of 21 workmen 5 are retired namely, Christina Mary, Shantha M.R., Umadevi, Mary Jospin and Radhabai and two are expired namely, Shusheelamma C., and Venkataswamy, however, two are gainfully employed and 12 are not gainfully employed. Therefore, the Management is required to comply with the order passed for paying wages as per Section 17-B of the Industrial Disputes Act, 1947 in respect of 12 workmen. It is further submitted that as per their own affidavit, the Management has made a statement regarding employment of 7 workmen out of 21,

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therefore, at least in respect of 7 workmen, the

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Management should have paid 17-B wages who, according to them, are not gainfully employed.

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It is further submitted that though interim order

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was passed way back on 20.04.2023, the learned Single Judge was right in not hearing them without compliance of the order for payment of 17-B wages.

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As there is some dispute regarding the gainful employment of some of the workmen, we direct the concerned workmen who are said to be not gainfully employed according to the workmen themselves to file a fresh affidavit stating that they have not been gainfully employed since the award was passed. The Management should file an affidavit if they are of the view that the affidavit filed by any of the workmen out of 12 workmen who are not gainfully employed is incorrect.

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Learned Single Judge thereafter should direct the Management to deposit the entire 17-B wages in respect of the workmen who are not gainfully employed

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