- 1 - NC: 2025:KHC:8798 WP No. 5878 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 5878 OF 2025 (L-RES) BETWEEN: THE MANAGEMENT OF NIDEC INDUSTRIAL AUTOMATION INDIA PRIVATE LIMITED, A PRIVATE LIMITED COMPANY UNDER THE COMPANIES ACT, 1956/2013, HAVING ITS REGISTERED OFFICE AT NO.45, NAGARUR, HUSKUR ROAD, OFF TUMKUR ROAD, BANGALORE - 562 162, REPRESENTED BY ITS DIRECTOR- HR, MR. RAMA DAMBE …PETITIONER (BY SRI. PRASHANTH B.K, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY TO DEPARTMENT OF LABOUR, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001 2. THE LABOUR COMMISSIONER, GOVERNMENT OF KARNATAKA, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU - 560 029 Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8798 WP No. 5878 of 2025 3. THE ADDITONAL LABOUR COMMISSIONER, INDUSTRIAL RELATIONS, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU - 560 029 4. NIDEC EMPLOYEES UNION ®, A TRADE UNION REGISTERED UNDER THE TRADE UNIONS ACT, 1926 NO. 51, BAGALAGUNTE, NEAR HAVANUR EXTENSION, NAGASANDRA POST, BANGALORE - 560 073. REPRESENTED BY ITS PRESIDENT, MR. RAJANNA GR …RESPONDENTS (BY SMT. RASHMI RAO, HCGP FOR R1 TO R3; SRI. A.J. SRINIVASAN, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO. L.D 28 I.D.M 2025 DATED 07.02.2025 PASSED BY THE R-1 (ANNEXURE-H) TO THIS WP AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE - 3 - NC: 2025:KHC:8798 WP No. 5878 of 2025 ORAL ORDER Heard learned counsel for the petitioner as well as learned High Court Government Pleader for respondents No.1 to 3 and learned counsel for respondent No.4. 2. The petition is filed assailing the order dated 07.02.2025 marked at Annexure-H. In terms of the said order marked at Annexure-H, respondent No.1 has passed an order for payment of Rs.9,000/- as interim relief to the Workman represented by the 4th respondent-Union. 3. Learned counsel for the petitioner assailing the said order would contend that, the dispute between the petitioner and 4th respondent was already referred to the Industrial Tribunal in terms of the order dated 23.01.2025. Thereafter, the impugned order is passed on 07.02.2025. 4. Learned counsel for the petitioner would submit that once a dispute is referred for adjudication to the Industrial Tribunal, the Government loses the jurisdiction to pass any orders relating to interim maintenance, under Section 10(B)(1)(a) of Industrial Dispute Act, 1947. He - 4 - NC: 2025:KHC:8798 WP No. 5878 of 2025 would refer to the judgment of the Division Bench of this Court in the case of State of Karnataka and Others V/s B.P.L Group of Companies Karmika Sangha and Others reported in (2003) ILLI131KANT. 5. Learned counsel appearing for 4th respondent would not dispute the position of law in this regard. However, he submits that the right of 4th respondent-Union to move the Industrial Tribunal where the dispute is pending for appropriate interim wages, is to be protected. 6. This Court has considered the contentions raised the bar and perused the records. 7. The Government has referred the dispute to the Jurisdictional Industrial Tribunal in terms of order dated 23.01.2025. Thereafter, the impugned order is passed on 07.02.2025. In view of the law laid down in the case referred to above, the Government had no jurisdiction to pass orders on interim wages. Hence, the impugned order has to be set aside and accordingly, the order is set aside. - 5 - NC: 2025:KHC:8798 WP No. 5878 of 2025 8. However, it is to be noted that, the right of 4th respondent-Union to seek appropriate interim measure is not taken away. If an application is filed by 4th respondent-Union seeking any interim relief same, has to be considered in accordance with law, without being influenced by this order setting aside the order dated 07.02.2025. 9. It is made clear that all contentions are kept open to be agitated and adjudicated by the Industrial Tribunal. If an application is filed seeking interim relief needless to say that, the applications are to be considered keeping in mind the urgency if any, pleaded in the application. 10. Accordingly, the Writ Petition is allowed. The impugned order dated 07.02.2025 is set aside. Sd/- (ANANT RAMANATH HEGDE) JUDGE KBM List No.: 1 Sl No.: 23 CT:SNN