MSME telecom services company sought restraint against a trade union's planned strike, dharna and gherao near its sub-offices, citing its declaration as a public utility service under the Industrial Disputes Act, 1947. The petition was withdrawn as infructuous and dismissed.
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NC: 2026:KHC:9465 WP No. 30503 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 30503 OF 2025 (GM-RES)
BETWEEN:
KEK ENGINEERING SERVICES NEW NO.22, 32ND D CROSS,
3RD FLOOR, JAYANAGAR 4TH BLOCK,
BANGALORE 560011, COMPANY INCORPORATED UNDER THE MSME ACT ENGAGED IN THE BUSINESS OF PROVIDING SERVICES IN TELECOM NETWORK REPRESENTED BY ITS HR LEAD SRI J GANESH.
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
(BY SRI.C K SUBRAMANYA., ADVOCATE)
AND:
…PETITIONER
NC: 2026:KHC:9465 WP No. 30503 of 2025
HC-KAR
REPRESENTED BY ITS GENERAL SECRETARY.
…RESPONDENTS
(BY SRI.ADITYA DIWAKARA., AGA FOR R2; SMT K.S. ANUSUYA DEVI., ADVOCATE FOR R1)
THIS WP IS FILED UNDER ARTICLE 226 PRAYING TO (1) MEMBERS AND DIRECTION TO THE FIRST RESPONDENT, THEIR AGENTS, SUPPORTERS, ASSOCIATES, PATRONS, MEMBERS AND ACCOMPLICES FROM HOLDING ANY STRIKE, AGITATION, DHARNA, GHERAO, PICKETING, SLOGAN SHOUTING, WITHIN A RADIUS OF 500 METERS OF ALL THE SUB-OFFICES OF THE PETITIONER SITUATED IN THE KARNATAKA STATE AS INDICATED IN ANNEXURE-B; (II) DIRECTION TO THE FIRST RESPONDENT EITHER BY THEMSELVES OR THROUGH THEIR AGENTS, SUPPORTERS, ASSOCIATES, PATRONS, MEMBERS AND ACCOMPLICES FROM PREVENTING OR OBSTRUCTING THE EMPLOYEES, CONTRACT LABOURERS, AGENTS, CUSTOMERS, CLIENTS ETC., IN FREE INGRESS TO OR EGRESS FROM WITHIN A RADIUS OF 500 METERS OF ALL THE SUB-
NC: 2026:KHC:9465 WP No. 30503 of 2025
HC-KAR
OFFICES OF THE PETITIONER SITUATED IN THE KARNATAKA STATE AS INDICATED IN ANNEXURE-B; (III) DIRECTION TO THE FIRST RESPONDENT OR THROUGH THEIR AGENTS SUPPORTERS, ASSOCIATES, PATRONS, MEMBERS AND ACCOMPLICES RESTRAINING THEM FROM FASTING IN FRONT OF AND WITHIN A RADIUS OF 500 METERS OF ALL SUBOFFICES OF THE PETITIONER SITUATED IN THE KARNATAKA STATE (ANNEXURE-B); (IV) DIRECTION TO FIRST RESPONDENT AND THEIR MEMBERS NOT TO RESORT TO STRIKE AS PER THE ACTION PROGRAM CONSIDERING THE FACT THAT NO PERSON EMPLOYED IN A PUBLIC UTILITY SERVICE CAN GO ON STRIKE IN BREACH OF CONTRACT DURING THE PENDENCY OF ANY CONCILIATION PROCEEDINGS BEFORE THE CONCILIATION OFFICER; (V) DIRECT THE FIRST RESPONDENT THAT PENDING DISPOSAL OF THE WRIT PETITION, TO INITIATE NECESSARY ACTION BY INVOKING STATUTORY PROVISIONS UNDER THE INDUSTRIAL DISPUTES ACT 1947 IN ORDER TO PREVENT THE FIRST RESPONDENT AND THEIR MEMBERS FROM RESORTING TO VARIOUS ACTS AS PLANNED BY THEM IN THE LIGHT OF THE GAZETTE NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT, DECLARING THE PETITIONER INDUSTRY AS "PUBLIC UTILITY SERVICE" UNDER SEC.2(N) (VI) OF THE I.D. ACT 1947.
NC: 2026:KHC:9465 WP No. 30503 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
Sri C.K.Subramanya, the learned counsel who
appears on behalf of Sri B.C.Prabhakar, the learned counsel on record for the petitioner, files a memo for withdrawal stating that the petition is rendered infructuous, which reads as under:
"The petitioner above named seeks the leave of this Hon'ble Court to withdraw the above Writ Petition since the same has become infructuous."
The memo is accepted, and the petition is dismissed as having become infructuous.
Sd/(B M SHYAM PRASAD) JUDGE
SA ct:sr
KEK Engineering Services
Bharatiya Private Telecom Mazdoor Sangh (BMS) State Committee
Regional Labour Commissioner (Central), Bengaluru
B M SHYAM PRASAD
As recorded by the court registry
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