At and S India Pvt. Ltd. Vs General Secretary at… — Writ and Judicial Review | Karnataka HC (2025)

At and S India Pvt. Ltd. Vs General Secretary at… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of: settlement dated 18.07.2024 recorded in Form-H accepted and read as part of the order; impugned award substituted by the settlement together with the terms relating to 8 days wages per month for employees who have attained superannuation; no order as to costs.

Issue for consideration

Whether the memorandum of settlement dated 18.07.2024, recorded in Form-H and filed with the memo dated 28.04.2025, should be accepted and the writ petition disposed of in terms of the settlement, in place of the challenged orders under the Industrial Employment (Standing Orders) Act 1946.

Court's answer

Subject to the submissions made by learned Senior Counsel for the petitioner and learned counsel for the respondent, the settlement dated 18.07.2024 recorded in Form-H is accepted.

Ratio / Principle

The impugned award is substituted by the settlement dated 18.07.2024.

Key takeaways

The substitution includes the terms relating to 8 days wages per month applicable to employees who have attained the age of superannuation.ratio¶43
The settlement dated 18.07.2024 shall be read as part of the order.ratio¶44-45
The disposal proceeds on the petitioner's submission, on instructions, that if the remaining employees who have attained the age of superannuation approach the management requesting the benefit extended to the 17 employees (8 days wages per month), the same shall be extended to them as well; the Court's acceptance of the settlement is expressly made subject to these submissions.

Detailed headnote1 paragraphs

Writ Petition No. 17754 of 2021 (L-RES) | High Court of Karnataka at Bengaluru | 16 June 2025 | Anant Ramanath Hegde J. | AT and S India Pvt Ltd (petitioner) v. (1) General Secretary, AT and S India Pvt Ltd Employees Association; (2) Additional Labour Commissioner (Industrial Relations)/Appellate Authority; (3) Deputy Labour Commissioner/Certifying Officer; (4) AT and S India India Workers Union. Petition under Article 226 of the Constitution calling in question order dtd. 30.6.2018 of the Deputy Labour Commissioner and Certifying Officer (Annexure-E) and order dtd. 24.11.2020 of the Additional Labour Commissioner and Appellate Authority under the Industrial Employment (Standing Orders) Act 1946 (Annexure-G). By memo dated 28.04.2025 the petitioner filed a memorandum of settlement dated 18.07.2024 recorded in Form-H; during pendency 17 superannuated employees had been paid wages as agreed (8 days wages per month). The Court accepted the settlement subject to counsel's submissions, substituted the impugned award by the settlement together with the 8-days-wages-per-month terms for superannuated employees (the same benefit to be extended to remaining superannuated employees if they approach the management), read the settlement as part of the order, and disposed of the writ petition with no order as to costs.

NC: 2025:KHC:20619 WP No. 17754 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO. 17754 OF 2021 (L-RES)

BETWEEN:

AT AND S INDIA PVT LTD., 12A, INDUSTRIAL AREA, NANJANGUD - 571 301, REPRESENTED BY ITS GENERAL MANAGER (HR), SRI NANDA KISHORE.

…PETITIONER

(BY SRI K KASTURI, SENIOR COUNSEL A/W SMT SUBHA ANANTHI K, ADVOCATE)

AND:

Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA

GENERAL SECRETARY AT AND S INDIA PVT LTD., EMPLOYEES ASSOCIATION, COOL LAND 4830/2, NEAR RAJENDRA CIRCLE, HOSAKESARE MYSURU - 570 007, REPRESENTED BY SRI ANILAN.

ADDITIONAL LABOUR COMMISSIONER, (INDUSTRIAL RELATIONS) AND APPELLATE AUTHORITY UNDER INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT 1946, KARMIKA BHAVAN, BANNERGHATTA ROAD, BENGALURU - 560 029.

DEPUTY LABOUR COMMISSIONER, AND CERTIFYING OFFICER UNDER INDUSTRIAL EMPLOYEMENT

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(STANDING ORDERS) ACT 1946, REGION -2, KARMIKA BHAVAN, BANNERGHATTA ROAD, BENGALURU - 560 029.

AT AND S INDIA INDIA WORKERS UNION, RENUKA ENTERPRISES, 355/B, OPP. KAMAKSHI HOSPITAL, KUVEMPU NAGAR, MYSURU - 570 009, REPRESENTED BY ITS GENERAL SECRETARY SHRI DEEPAK K.

…RESPONDENTS

(BY SRI K B NARAYAN SWAMY, ADVOCATE FOR R1 AND C/R4, SMT PRATHIBHA R K, AGA FOR R2 AND R3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS WITH REGARD TO ORDER DTD.30.6.2018 ON THE FILE OF THE DEPUTY LABOUR COMMISSIONER AND CERTIFYING OFFICER UNDER INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT 1946 REGION-2 BENGALURU AT ANNEXURE-E AND ORDER DTD.24.11.2020 ON THE FILE OF THE ADDITIONAL LABOUR COMMISSIONER (INDUSTRIAL RELATIONS) AND APPELLATE AUTHORITY UNDER INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT 1946 BENGALURU AT ANNEXURE-G RESPECTIVELY.

THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER

A memo dated 28.04.2025 is filed by the petitioner along with the memorandum of settlement dated 18.07.2024.

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Learned Senior Counsel appearing for petitioner and

learned counsel for respondent-Union are present.

Learned Senior Counsel appearing for the petitioner submits that the matter is settled in terms of the settlement arrived at between the parties. It is further submitted that during the pendency of the writ petition, some of the employees have attained the age of superannuation and 17 among those employees have been paid wages as agreed.

Learned counsel appearing for the respondents would submit that seventeen (17) employees have accepted the settlement relating to the wages payable by accepting 8 days wages per month. It is further submitted that the remaining employees who have attained the age of superannuation will approach the management to extend the same benefit to them.

Learned Senior Counsel for the petitioner on instructions would submit that in case the remaining employees who have attained the age of superannuation approach the management requesting the benefit extended to the 17

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employees referred to above, same shall be extended to them as well.

This Court has also considered the joint memo signed by the parties to the proceeding.

Subject to the aforementioned submissions made by the learned Senior counsel for the petitioner and the learned counsel for the respondent, the settlement dated 18.07.2024 recorded in Form-H is accepted.

The impugned award is substituted by the

aforementioned settlement dated 18.07.2024 and also the terms relating to 8 days wages per month applicable to employees who have attained the age of superannuation.

The settlement dated 18.07.2024 shall also be read

as the part of this order. Writ petition is disposed of accordingly.

No order as to cost.

Sd/(ANANT RAMANATH HEGDE) JUDGE

CPN/CHS