Sri. Annadurai. K Vs the Govt of India

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NC: 2025:KHC:19804 WP No. 12336 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 12336 OF 2022 (L-RES)

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BETWEEN:

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SRI ANNADURAI. K, S/O LATE KUPPUSWAMY, AGED ABOUT 52 YEARS, WORK MEN OF BEL FACTORY STAFF NO.209768/JSO, IS/BG AND EX GENERAL SECRETARY OF BHARAT ELECTRONICS WORKERS UNITY FORUM, (A REGISTERED TRADE UNION) AND FORMER GENERAL SECRETARY OF SC AND ST WELFARE ASSOCIATION, BEL JALAHALLI, BENGALURU - 560013,

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ALSO AT:

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Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

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NO.16, "AKSHAYANILAYA", RAMACHANDRAPURA, GANGAMMA TEMPLE, BENGALURU - 560013. (BY SRI M.VEERABHADRAIAH, ADVOCATE)

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AND:

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THE GOVT. OF INDIA, MINISTRY OF DEFENCE, DEPARTMENT OF DEFENCE PRODUCTION NO.253A, B WING, SOUTH BLOCK, NEW DELHI - 110001, REP. BY ITS PRINCIPAL SECRETARY.

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…PETITIONER

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THE DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL), GOVT OF INDIA, SHRAMA SADAN, YESHWANTHPUR INDUSTRIAL SUBURB,

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2 - NC: 2025:KHC:19804 WP No. 12336 of 2022

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HC-KAR

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GORAGONTEPALYA, TUMKUR ROAD,

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BENGALURU - 560022.

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THE ASST. LABOUR COMMISSIONER (CENTRAL) GOVT OF INDIA,SHRAMA SADAN, YESHWANTHPUR INDUSTRIAL SUBURB, GORAGONTEPALYA, TUMKUR ROAD, BENGALURU - 560022.

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BHARAT ELECTRONICS LIMITED, (A GOVT OF INDIA ENTERPRISE MINISTRY OF DEFENCE), NAGAVARA POST, OUTER RING ROAD, BENGALURU - 560045, REP BY ITS CHAIRMAN/MANAGING DIRECTOR.

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THE ADDL. GENERAL MANAGER (IS/CO), M/S BHARAT ELECTRONICS LIMITED, (A GOVT OF INDIA ENTERPRISES MINISTRY OF DEFENCE) JALAHALLI, JALAHALLI POST, BENGALURU - 560013.

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THE DEPUTY GENERAL MANAGER (HR/C/A AND F /CMS), M/S BHARAT ELECTRONICS LIMITED, (A GOVT OF INDIA ENTERPRISES MINISTRY OF DEFENCE), BG COMPLEX, JALAHALLI, JALAHALLI POST, BENGALURU - 560013.

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THE DIRECTOR (BC), M/S BHARAT ELECTRONICS LTD., (A GOVT. OF INDIA ENTERPRISE MINISTRY OF DEFENCE), BG COMPLEX, JALAHALLI, JALAHALLI POST, BENGALURU - 560 013.

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(CAUSE TITLE AMENDED AS PER COURT ORDER DT:29.01.2024)

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…RESPONDENTS (BY SRI SANDESH J CHOUTA, SR. COUNSEL A/W MISS SANYA MALLI, ADVOCATE FOR R4 TO R6, SRI VENKATANARAYANA B S, CGC FOR R1 TO R3, SRI ISMAIL MUSBA, ADVOCATE FOR R7)

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3 - NC: 2025:KHC:19804 WP No. 12336 of 2022

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE R5 ADDL. GENERAL MANAGER (IS/CO) N RELATED TO THE IMPUGNED ORDER DTD 04.02.2022 VIDE NO.209768/HR/A AND F. QUASH THE IMPUGNED ORDER DTD 04.02.2022 VIE NO.209768/HR/A AND F PASSED BY THE R5 THE ADDL. GENERAL MANAGER (IS/CO) AS PER ANNEXURE-A AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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ORAL ORDER

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Heard the learned counsel appearing for the petitioner and Sri Sandesh S. Chowta, learned senior counsel appearing for respondents.

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The petitioner is assailing the order dated 04.02.2022 passed by 5^th respondent Additional General Manager (IS/CO), M/s Bharat Electronics Limited (BEL) and also sought a direction to 4^th respondent Company to comply the Official Memorandum dated 14.10.2013.

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Learned counsel for the petitioner submits that

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a disciplinary enquiry is initiated without any basis and

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HC-KAR

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without giving opportunity to the petitioner to lead evidence. Enquiry is concluded by violating the procedure and proposal for petitioner's dismissal is placed before the Central Government Industrial Tribunal (CGIT).

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It is his further submission that petitioner has also filed an application before the (CGIT) on the premise that application seeking approval for dismissal is not maintainable for want of authority and jurisdiction. He further submits that the application is not yet considered on its merit and under these circumstances, petitioner has filed the present writ petition.

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Learned counsel for the respondent on the other hand would submit that the petitioner has to raise his grievance before the CGIT and the CGIT has to pass appropriate orders based on the materials placed before it.

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