The State of Karnataka Vs Shivaraju — Writ and Judicial Review | Karnataka HC (2026)

The State of Karnataka Vs Shivaraju — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Both writ petitions disposed of with observations: the pending criminal proceedings against the officers of the petitioner are to be dropped (the Labour Court to drop the criminal proceeding on production of the copy of this order); the respondents remain at liberty to seek adjudication of any unpaid award dues under Section 33C(1) of the ID Act, and if non-payment is found, an appropriate recovery order follows and the respondents may also initiate action under Section 29 of the ID Act.

Issue for consideration

Whether the respondents-workmen (Sri Shivaraju and Sri M.C.Srinivasaiah) are entitled to receive any sum in addition to what is said to have been paid to these respondents. +1 more

Court's answer

If any amount is due to the respondents, they are at liberty to initiate a proceeding to recover the same under Section 33-C(1) of the ID Act; adjudication under Section 33C(1) takes place on an application filed by the respondents to ascertain whether the amount payable pursuant to the award has been paid.

Ratio / Principle

The pending criminal proceedings against the officers of the petitioner-State shall be dropped; on production of the copy of this order, the Labour Court shall drop the criminal proceeding against the officers of the petitioner.

Key takeaways

Since Sri Channaveerappa D.E. has been reinstated and is still working, there is no question of initiating prosecution for not reinstating him.ratio¶61
If adjudication under Section 33C(1) of the ID Act finds that the amount is not paid, an appropriate order to recover the amount shall follow, and the respondents are also entitled to initiate action under Section 29 of the ID Act.ratio¶67

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (NC: 2026:KHC:22180) — Anant Ramanath Hegde, J. — W.P.No.6457/2024 (L-RES) c/w W.P.No.6856/2024 (L-RES), oral order dated 23.04.2026. The State of Karnataka (Deputy Conservator of Forest, Social Forest Region, Kanakapura) sought to set aside Labour Court awards dated 29.02.2020 (I.D.No.2/2016 and I.D.No.4 of 2016, Principal District Judge, Ramanagar) directing reinstatement of workmen Shivaraju, M.C.Srinivasaiah and Channaveerappa D.E., with back wages at Rs.2,465/- per month (01.04.2007–31.03.2008), terminal benefits and 50% back wages from 01.04.2008 till reinstatement. The award had been stayed; two workmen attained superannuation in 2024 while Channaveerappa stands reinstated and working, so the challenge to reinstatement was not pressed (as submitted), and the department paid Rs.1,33,775/- to M.C.Srinivasaiah and Rs.2,66,786/- to Shivaraju, which the workmen contended was not full compliance. Held: the pending criminal proceedings against the departmental officers shall be dropped (the Labour Court to drop them on production of the order copy); any unpaid dues are recoverable through adjudication under Section 33C(1) of the Industrial Disputes Act, 1947 on the workmen's application, and if non-payment is found, an appropriate recovery order follows and the workmen may also invoke Section 29 of the ID Act. Writ petitions disposed of.

NC: 2026:KHC:22180 WP No. 6457 of 2024 C/W WP No. 6856 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO. 6457 OF 2024 (L-RES) C/W WRIT PETITION NO. 6856 OF 2024 (L-RES)

IN WP No. 6457/2024:

BETWEEN:

THE STATE OF KARNATAKA REPRESENTED BY THE DEPUTY CONSERVATOR OF FOREST, DEPARTMENT OF FOREST, SOCIAL FOREST REGION, KANAKAPURA, RAMANAGARA DISTRICT.

…PETITIONER

(BY SRI. M. RAJAKUMAR, AGA)

AND:

Digitally signed SHIVARAJU S/O. MARAPPA, by BELUR RANGADHAMA AGED ABOUT 50 YEARS, NANDINI R/O. MARASANDRA VILLAGE, Location: HIGH HAROHALLI HOBLI AND POST, COURT OF KANAKAPURA TALUK, KARNATAKA RAMANAGARA DISTRICT-561 101.

…RESPONDENT

(BY SRI. SOMASHEKARA REDDY K.V., ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA DATED 29.02.2020 IN I.D.NO.2/2016 ANNEXURE-A.

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IN WP NO. 6856/2024:

BETWEEN:

THE STATE OF KARNATAKA REP. BY THE DEPUTY CONSERVATOR OF FOREST, DEPARTMENT OF FOREST, SOCIAL FOREST REGION, KANAKAPURA, RAMANAGARA DISTRICT.

...PETITIONER

(BY SRI. M. RAJAKUMAR, AGA)

AND:

M.C. SRINIVASAIAH S/O. LATE CHANNAGIRIYAIAH, MAJOR, R/AT MARASANDRA VILLAGE, HAROHALLI HOBLI AND POST, KANAKAPURA TALUK, RAMANAGARA DISTRICT.

CHANNAVEERAPPA D.E. S/O. LATE VEERAPPA, R/O. DUNTHURU VILLAGE, KAADAHALLI POST, SATHANURU HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT.

...RESPONDENTS

(BY SRI. SOMASHEKARA REDDY K.V., ADVOCATE FOR R1 AND R2)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 29.2.2020 IN ID NO.4 OF 2016 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA, VIDE ANNEXURE-A.

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

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER

The petition in W.P.No.6457/2024 is filed assailing

the award dated 29.02.2020 in I.D.No.2/2016 and the petition in W.P.No.6856/2024 is filed assailing the award dated 29.02.2020 on the file of Principal District Judge, Ramanagar [for short, ' the Labour Court' ].

In terms of the said award, the Labour Court has directed the petitioner - department before this Court to reinstate the first party - workmen to their original position and also directed payment of back wages from 01.04.2007 to 31.03.2008 at the rate of Rs.2,465/- per month along with all the terminal benefits including 50% of back wages from 01.04.2008 till their reinstatement.

It is submitted that the award of the Labour Court was stayed by this Court and before they were

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reinstated, the respondents - workmen [Sri Sri Shivaraju

and Sri.M.C.Srinivasaiah] attained the age of

superannuation in 2024 and Sri Channaveerappa D.E. is still working.

Learned Additional Government Advocate would submit that, the award challenging reinstatement is not pressed as two of the workmen have attained superannuation and one workman is reinstated. It is further submitted that the amount payable under the award is also paid.

Learned counsel for the respondents would submit that, entire amount payable is not yet paid.

Learned Government Advocate would submit

that, the proceeding under Sections 33C(1) and 33 of the Industrial Disputes Act, 1947 [for short, ' ID Act' ] is pending consideration before the jurisdictional Court on

the premise that the award is not yet complied. Since the respondents - workmen [Sri.Shivaraju and

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Sri.M.C.Srinivasaiah] have attained the age of

superannuation, there is no question of reinstatement and there is no violation.

The question is, "whether the respondents -

workmen [Sri Shivaraju and Sri M.C.Srinivasaiah] are entitled to receive any sum in addition what is said to have been paid to these respondents?"

Learned Government Advocate would submit that, Rs.1,33,775/to Sri M.C.Srinivasaiah and Rs.2,66,786/- to Sri Shivaraju is paid.

Learned counsel for the respondents would submit that, said payment is not in compliance with the award.

Sri Channaveerappa D.E. is reinstated and he is still working. There is no question of initiating prosecution for not reinstating Channaveerappa D.E. However, in case if any amount is due to the respondents, the respondents

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are at liberty to initiate proceeding to recover the same

under Section 33-C (1) of the ID Act. Under these circumstances, the pending criminal proceedings against the officers of the petitioner shall be dropped.

The adjudication under Section 33C(1) of the ID Act can take place on an application filed by the respondents to ascertain as to whether the amount payable pursuant to the award is paid or not.

In case it is found on adjudication in a proceeding under Section 33C(1) of the ID Act that the amount is not paid, then there shall be appropriate order to recover the amount and the respondents in such a situation are also entitled to initiate action under Section 29 of the ID Act.

On production of the copy of this order the Labour Court shall drop the criminal proceeding against the officers of the petitioner. If the respondents claim that

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the amount is yet to be paid, same shall be adjudicated under Section 33C(1) of the ID Act as indicated above.

14. With these observations, writ petitions are disposed of.

Sd/(ANANT RAMANATH HEGDE) JUDGE

SA

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