- 1 - NC: 2025:KHC:6967 WP No. 3410 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 3410 OF 2024 (L-TER) BETWEEN: 1. SHRI. CHENDAN KUMAR H., AGED 38 YEARS S/O SRI HANUMANTHAIAH JUNIOR RADIOGRAPHER ESIC HOSPITAL, PEENYA BENGALURU -560 062 2. SRI NOOR UL HUDA AGED 38 YEARS S/O SRI SHAIK AHMED ESIC MEDICAL COLLEGE PGIMSR AND MODEL HOSPITAL RAJAJINAGAR BENGALURU -560 010 3. SRI SATHISH B.K., AGED 42 YEARS S/O SRI B.L.KRISHNAPPA ESIC MEDICAL COLLEGE PGIMSR AND MODEL HOSPITAL RAJAJINAGAR BENGALURU- 560 010 4. SRI SURESH J., AGED 38 YEARS S/O SRI B.JAYARAMAN ESIC MEDICAL COLLEGE PGIMSR AND MODEL HOSPITAL RAJAINAGAR BENGALURU -560 010 Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6967 WP No. 3410 of 2024 5. SRI HANUMANTHE GOWDA K., AGED 40 YEARS S/O SRI KEMPAIAH ESIC MEDICAL COLLEGE PGIMSR AND MODEL HOSPITAL RAJAJINAGAR BENGALURU -560 010 …PETITIONERS (BY SRI. N.G.PHADKE, ADVOCATE) AND: 1. THE UNION OF INDIA REP. BY THE SECRETARY MINISTRY OF LABOUR AND EMPLOYMENT SHARMA SHAKTI BHAVN RAFI MARG NEW DELHI -110 001 2. THE CHIEF LABOUR COMMISSIONER (CENTRAL) MINISTRY OF LABOUR AND EMPLOYMENT GOVERNMENT OF INDIA SHRAMMEV JAYATE BHAWAN SECTOR 10, DWARAKA NEW DELHI -110 075 3. THE DY. CHIEF LABOUR COMMISSIONER (C) MINISTRY OF LABOUR AND EMPLOYMENT GOVT. OF INDIA, SHRAM SADAN II STAGE, YESHWANTHPUR INDL SUBURB, TUMKUR ROAD BENGALURU -560 022 4. EMPLOYEE STATE INSURANCE CORPORATION HEAD QUARTERS OFFICE ‘PANCH DEEP BHAVAN’, CIG MARG NEW DELHI -110 002 REP. BY ITS DIRECTOR GENERAL …RESPONDENTS (BY SMT.SAHANA S. DESAI, ADVOCATE FOR R1 TO R3 SRI.D.BNASAVARAJA, ADVOCATE FOR R4) - 3 - NC: 2025:KHC:6967 WP No. 3410 of 2024 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE II RESPONDENT TO REFER THE FOLLOWING POINTS OF DISPUTE FOR ADJUDICATION TO THE CGIT-CUM-LABOUR COURT, BENGALURU, AS MADE IN THE APPLICATION DATED: 21.10.2022 AT ANNEXURE-D. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard learned counsel for the petitioners and learned counsels for respondents No.1 to 3. 2. This petition is filed seeking writ of mandamus to direct respondent No.2 to refer the points of dispute for adjudication to the Central Government Industrial Tribunal cum Labour Court, Bengaluru. The application is dated 21.10.2022 and the same is marked at Annexure-D. 3. The points of dispute are referred to immediately after the prayer in para No.1 in the writ petition. Annexure-D, the application is addressed to respondent No.1. - 4 - NC: 2025:KHC:6967 WP No. 3410 of 2024 4. It is submitted that respondent No.1 has delegated the power to respondent No.2. This position is not in dispute. It is also not in dispute that respondents No.1 and 2 have not acted on the application dated 21.10.2022. Under these circumstances, the present petition is filed seeking appropriate direction. 5. Learned counsel appearing for respondents No.1 to 3 would submit that there has to be a direction to respondent No.3 to give a report on the conciliation proceedings, and on the report of conciliation proceedings, respondents No.1 and 3 would get the jurisdiction to pass appropriate order on the application dated 21.10.2022. 6. Learned counsel appearing for the petitioners would rely upon the judgment of the Hon’ble Apex Court in case of M/s. Avon Services Production Agencies(P) Ltd. Vs. Industrial Tribunal, Haryana and others.1 By referring to paragraph No.7 of the said judgment, it is contended that in case, the application is not considered by the 1 (1979) 1 Supreme Court Cases 1 - 5 - NC: 2025:KHC:6967 WP No. 3410 of 2024 Conciliation Officer within a reasonable time, the power of the Government to refer the dispute after arriving at a conclusion that industrial dispute does exists or apprehended, is not taken away. 7. This Court has considered the aforementioned judgment. It is not in dispute that application dated 21.10.2022 is not yet considered by the Conciliation Officer in the manner prescribed. This being the position, the appropriate Government need not wait for the decision to be taken on the said application. 8. The points of dispute have been referred to in the application submitted by the petitioners. The Government has to apply its mind and if records a satisfaction that the dispute does exist or that the dispute is apprehended, then it has to raise the points for reference and refer the dispute for proper adjudication. Hence, the following: - 6 - NC: 2025:KHC:6967 WP No. 3410 of 2024 ORDER i. The writ petition is allowed in part. ii. The respondent No.2 is directed to consider the application dated 21.10.2022 in accordance with law then based on its findings has to pass appropriate order either rejecting the application or referring the matter to the Industrial Tribunal/Labour Court. iii. The above exercise to be completed within 4 weeks from the date of receipt of copy of the order. iv. The respondent No.2 shall also keep in mind the law laid down in the case of Mypower Mazdoor Welfare Union Vs. The Secretary and Commissioner and another reported in ILR 1997 KAR 2071, before passing the order on the application dated 21.10.2022. - 7 - NC: 2025:KHC:6967 WP No. 3410 of 2024 v. It is also made clear that this Court has not expressed anything on the merits of the claims made by the petitioners or the respondents. vi. I.As. if any, does not survive for consideration. Sd/- (ANANT RAMANATH HEGDE) JUDGE BN List No.: 1 Sl No.: 6