- 1 - HC-KAR NC: 2025:KHC:23365 WP No. 8687 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.8687 OF 2021 (L-TER) BETWEEN: RECAERO INDIA PRIVATE LIMITED WORKERS UNION REP. BY IOTS GENERAL SECRETARY 20, JYOTHI BASUBHAVAN WEST ANJANEYA TEMPLE ROAD, BASAVANAGUDI, BENGALURU-04. …PETITIONER (BY SRI. L MURALIDHAR PESHWA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE SECRETARY TO THE GOVERNMENT OF LABOUR GOVERNMENT OF KARNATAKA VIKASA SOUDHA, BENGALURU-01. 2. THE STATE LABOUR COMMISSIONER DEPARTMENT OF LABOUR KARMIKA BHAVANA BANNERGHATTA ROAD, BENGALURU-560029. 3. THE ADDITIONAL LABOUR COMMISSIONER (INDUSTRIAL RELATIONSHIPS) Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23365 WP No. 8687 of 2021 DEPARTMENT OF LABOUR KARMIKHA BHAVANA BANNERGHATTA ROAD, BENGALURU-560029. 4. RACAERO INDIA PRIVATE LIMITED 28-C, BIDADI INDUSTRIAL AREA HAROLI MAIN ROAD, BIDADI 562109 REP. BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI. PRINCE ISAAC, AGA FOR R1 TO R3; SRI. S. SANTHOSH NARAYAN, ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS HELD BY THE R1 AND R3 AS PER NOTICE IN ANNEXURE-E DATED 09.10.2020 ISSUED BY THE R3, BASED ON THE APPLICATION DATED 25.11.2020 FILED BY THE R4 AS PER ANNEXURE-D, AS ILLEGAL AND UNCONSTITUTIONAL AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE - 3 - HC-KAR NC: 2025:KHC:23365 WP No. 8687 of 2021 ORAL ORDER Heard the learned counsel appearing for the petitioner and learned Additional Government Advocate appearing for respondent Nos.1 to 3 and learned counsel appearing for respondent No.4. 2. This petition is filed to quash the proceeding before respondent Nos.1 and 3. As per the Notice at Annexure-E dated 09.12.2020, issued by 3rd respondent based on the application dated 25.11.2020 filed by 4th respondent as per Annexure-D. 3. The relief is also sought to set aside the order of retrenchment of 40 workmen pursuant to Notice dated 23.11.2020 marked at Annexure-C on the premise that the retrenchment is in violation of Section 25N of the Industrial Disputes Act, 1947 (for short 'Act of 1947'). Further, direction is sought to reinstate 40 retrenched workmen with continuity of service and backwages. 4. Learned counsel for respondent No.4 has filed an application-I.A.No.2/2022 seeking direction to dismiss the - 4 - HC-KAR NC: 2025:KHC:23365 WP No. 8687 of 2021 petition on the premise that the petitioner-Union has already availed the alternative remedy. Along with the said application, learned counsel for respondent No.4 has also annexed the copy of application filed by the petitioner-Union invoking Section 33A of the Act of 1947. He further submits that the said proceeding before the Conciliation Officer is not concluded on 23.01.2023 because of the pendency of the present writ petition. 5. It is not in dispute that the matter is not settled and the proceeding before the Conciliation Officer is closed. Though technically there is no finding that the conciliation has failed, learned counsel for the petitioner and respondent No.4 and learned AGA for respondent Nos.1 to 3 jointly submit that there is no possibility of conciliation. 6. Under these circumstances, the matter has to be referred to the adjudication by the appropriate Government. Hence, for this reason, this Court deems it appropriate to direct respondent No.1 to take note of the events that have taken place subsequent to the retrenchment order and an application under Section 33A of the Act of 1947 and pass an appropriate - 5 - HC-KAR NC: 2025:KHC:23365 WP No. 8687 of 2021 order on the plea to refer the dispute to Industrial Tribunal for adjudication. 7. Since it is noticed that the dispute is pending since last four years, the appropriate Government shall pass appropriate orders within 30 days from the date of receipt of copy of this order. Since the writ petition stands disposed of, the pending application does not survive for consideration. Sd/- (ANANT RAMANATH HEGDE) JUDGE SMJ List No.: 1 Sl No.: 15