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2025 DAILYLAW 20742 (KAR)

M/S ARDEX ENDURA (INDIA) PRIVATE LIMITED v. SRI SARAVANAN V

WP/43261/2018 · 2025-01-07

Anant Ramanath Hegde

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Judgment text

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- 1 - NC: 2025:KHC:197 WP No. 43261 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 43261 OF 2018 (L-RES) BETWEEN: 1. M/S ARDEX ENDURA (INDIA) PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 REGD OFFICE #406 & 407 BRIGADE CAMPUS, YESHWANTHPUR HOBLI, BENGALURU-560 013, REP BY ITS COMPANY SECRETARY. …PETITIONER (BY SRI M SADANAND, ADVOCATE) AND: 1. SRI SARAVANAN V, S/O SRI VINAYAGAM, AGED ABOUT 41 YEARS, R/AT NO.2O/1, PAYAPPA GARDEN, TASKER TOWN, QUEENS ROAD TOWN, BENGALURU-560 051. …RESPONDENT (BY SRI S VIVEKANANDA, ADVOCATE FOR SMT V GANGABAI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE FIRST ADDL. LABOUR COURT, BENGALURU AND MAY ISSUE A WRIT, DIRECTION OR ORDER. QUASH THE AWARD DTD 19TH JULY 2018 IN REFERENCE NO.28 OF 2013 PASSED BY THE PRESIDING OFFICER, FIRST ADDL LABOUR COURT AT BENGALURU, ANNX-U. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:197 WP No. 43261 of 2018 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 2. This petition is filed challenging the award dated 19.07.2018 in Reference No.28/2013 on the file of First Additional Labour Court at Bangalore. 3. In terms of the impugned award, the Labour Court has directed the petitioner of this petition to pay Rs.5,00,000/- to the claimant before the Labour Court. It is relevant to note that the dispute is raised challenging the order of dismissal dated 07.02.2013 wherein, the present petitioner has terminated the services of the respondent. - 3 - NC: 2025:KHC:197 WP No. 43261 of 2018 4. Learned counsel appearing for the petitioner would urge that though the petitioner/employer has raised a contention that the respondent/employee is not a workman and the Labour Court has no jurisdiction to entertain a dispute, the employer management without admitting any liability on their part, to put a quietus to the litigation has agreed to pay Rs.5,00,000/- to the respondent considering his past services. 5. Said submission is placed on record. Accordingly, the petition does not survive for consideration. 6. It is made clear that the petitioner/employer is making the payment without admitting any liability to the respondent. It is further made clear that in case the employee is entitled to any other statutory benefits like gratuity, leave encashment and the like, the employee is at liberty to approach the petitioner/employer and the petitioner/employer shall consider the same in accordance with law. - 4 - NC: 2025:KHC:197 WP No. 43261 of 2018 With these observations, the petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 44