The General Secretary Vs the Senior Manager — Writ and Judicial Review | Karnataka HC (2026)

The General Secretary Vs the Senior Manager — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Non-interference with the CGIT award, modified by enhancing compensation to Rs.50,000/- for the first workman and Rs.1,00,000/- each for the second and third workmen, payable by the respondent-corporation within six weeks from receipt of a copy of the order.

Issue for consideration

Whether the writ petition impugning the award dated 09.10.2019 passed by the CGIT, Bengaluru in C.R. No.22/2001 called for interference by this Court. +1 more

Court's answer

The Court saw no reason to interfere with the impugned award passed by the CGIT.

Ratio / Principle

Compensation of the first workman was enhanced to Rs.50,000/- (from the Rs.20,000/- awarded by the CGIT), the Court finding the amount paid to be on the lower side.

Key takeaways

Compensation of the second and third workmen was enhanced to Rs.1,00,000/- each (from the Rs.30,000/- awarded by the CGIT).ratio¶36
The writ petition was disposed of with the aforesaid modification to the impugned award.ratio¶37
The respondent-corporation was directed to pay the aforesaid compensation to the three workmen within six weeks from the date of receipt of a copy of the order.ratio¶37

Detailed headnote1 paragraphs

High Court of Karnataka (DB: D K Singh & S Rachaiah, JJ.), 23.01.2026, disposed of W.P. No.6669 of 2020 (L-RES) filed by the General Secretary, Kanara Dock and General Worker Union (INTUC), challenging the award dated 09.10.2019 of the Central Government Industrial Tribunal Cum Labour Court, Bengaluru in C.R. No.22/2001. The dispute, referred by the Central Government on 22.03.2001 under Clause (d) of Sub-section (1) and Sub-section 2(A) of Section 10 of the Industrial Dispute Act, 1947, concerned refusal of employment to three daily-wage D.C.P. tanker drivers (S/Shri. Kishore, Dinesh Kulai and Suresh) of M/s. Hindustan Petroleum Corporation Ltd., L.P.G. Import Facility Terminal, Mangalore, who had each completed 240 days in a calendar year before their employment ended. The Court declined to interfere with the award but, finding the compensation to be on the lower side, enhanced it from Rs.20,000/- to Rs.50,000/- for the first workman and from Rs.30,000/- to Rs.1,00,000/- each for the second and third workmen, payable by the respondent-corporation within six weeks.

1 - NC: 2026:KHC:4107-DB WP No. 6669 of 2020

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF JANUARY, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE S RACHAIAH WRIT PETITION NO. 6669 OF 2020 (L-RES)

BETWEEN:

THE GENERAL SECRETARY KANARA DOCK AND GENERAL WORKER UNION (INTUC) K S R M TURST BUILDING LIGHT HILL ROAD, MANGALORE-575 003

…PETITIONER

(BY SRI. RAJASHEKAR S., ADVOCATE)

AND:

Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka

THE SENIOR MANAGER M/S HINDUSTAN PETROLEUM CORPORATION LTD L P F IMPORT FACILITY TERMINAL MANGALORE MANGALORE-574 147

…RESPONDENT (BY SMT.H.R.RENUKA, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.9.10.2019 BEARING CR 22/2001 PASSED BY THE R-1 VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW THE CLAIM PETITION FILED BY THE PETITIONER PRAYED FOR GRANT AN INTERIM ORDER TO DIRECT THE RESPONDENT FOR REINSTATEMENT OF THREE WORKMEN VIZ KISHORE DINESH KULAL AND SURESH.

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HC-KAR

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

CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE S RACHAIAH

ORAL ORDER

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

The present writ petition has been filed impugning the award dated 09.10.2019, passed by the Central Government Industrial Tribunal Cum Labour Court, Bengaluru (hereinafter referred to as ‘CGIT’ for short) in C.R. No.22/2001.

The Central Government by an order dated 22.03.2001, in exercise of its powers conferred by Clause(d) of Sub-section (1) and Sub-Section-2(A) of Section-10 of Industrial Dispute Act, 1947 (for short ‘Act’) referred the following industrial dispute for adjudication to the CGIT:

“Whether the action of the management of M/s.Hindustan Petroleum Corp. Limited, L.P.G. Import Facility Terminal, Mangalore is justified in

3 - NC: 2026:KHC:4107-DB WP No. 6669 of 2020

HC-KAR

refusing employment to S/Shri. Kishore, Dinesh Kulai and Suresh Drivers? If not, to what relief the said workmen are entitled to?”

The workmen were employed as Daily Wage

Driver in D.C.P. Tanker. The workmen No.1 worked from 01.08.1998 to 31.07.1999 and the workmen Nos.2 and 3 worked from 01.10.1997 to 31.11.1999. They were paid consolidated wages of Rs.3,300/- per month. Once their services were not required, they were not further employed. In the aforesaid background, they had raised the industrial dispute.

It is not in dispute that the three workmen had completed 240 days in calendar year, before their employment came to be terminated. Considering these facts, that the workmen had completed more than 240 days in a calendar year, the CGIT has compensated to the first workmen for an amount of Rs.20,000/- and two other workmen for Rs.30,000/-.

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HC-KAR

We do not see any reason to interfere with the

impugned award passed by the CGIT, however, considering the fact that the amount of compensation has been paid on lower side, we enhance the compensation to the first workmen to Rs.50,000/- and second and third

workmen to Rs.1,00,000/- each.

With the aforesaid modification to the impugned award, we dispose of this writ petition. The respondent – corporation shall pay the aforesaid compensation to the three workmen as direct above, within a period of six weeks from the date of receipt of a copy of this order.

Sd/-

(D K SINGH) JUDGE

Sd/(S RACHAIAH) JUDGE

JJ

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