THE WORKMEN OF MANDYA v. THE MANAGEMENET OF MANDYA
WP/28529/2014 · 2025-02-17
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23128 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23128 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6969 WP No. 28529 of 2014 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. 28529 OF 2014 (L-RES) BETWEEN:
THE WORKMEN OF MANDYA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LIMITED REPRESENTED BY PRODUCE DAIRY EMPLOYEES ASSOCIATION GEJJALAGERE, MADDUR TALUK DISTRICT MANDYA-571 428 REPRESENTED BY ITS GENERAL SECRETARY …PETITIONER (BY SRI. NAIK V.S., ADVOCATE) AND:
THE MANAGEMENET OF MANDYA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD GEJJALAGERE PRODUCE DAIRY GEJJALAGERE, MADDUR TALUK MANDYA-571 428 REP BY ITS MANAGING DIRECTOR …RESPONDENT (BY SRI.VIVEK B.N., ADVOCATE FOR SRI.ABHINAV R., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE LABOUR COURT, MYSORE, PERTAINING TO ANNEXURE-Q AND QUASH THE AWARD DATED:13.12.2013 IN REF.NO.83/2006 PASSED BY THE Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:6969 WP No. 28529 of 2014 PRESIDING OFFICER, LABOUR COURT, MYSORE VIDE ANNEXURE-Q SINCE THE LABOUR COURT HAS COMMITTED ERRORS WHICH ARE APPARENT ON THE FACE OF THE RECORDS.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER The petitioner-Union has assailed the award passed in reference case No.83/2006 dated 13.12.2013 by the Mysore Labour Court. In view of the impugned award, the reference under Section 10(1)(c) of the Industrial Disputes Act, 1947 was dismissed.
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Learned counsel for the petitioner/Union and the learned counsel for the respondent jointly submit that the dispute is amicably settled between the parties and the parties have voluntarily entered into settlement and the terms of the settlement are recorded in the joint memo filed. The joint memo filed is placed on record and the same reads as follows:
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NC: 2025:KHC:6969 WP No. 28529 of 2014
"The Petitioner and the Respondent humbly submit that they have mutually agreed to put a quietus to the lis between them involved in the present Writ Petition. Accordingly, the Petitioner has addressed a letter dated 04.01.2025 to the Respondent Milk Union to the effect that they would not seek refund of Rs.8,28,460.75/- which was deducted by the Respondent Milk Union from out of the salaries of 189 employees on account of loss caused to the Respondent Milk Union by virtue of the strike held by the said 189 employees and that the Petitioner would not file any case against the Respondent Milk Union in that regard or challenge the previous orders passed by the Courts in the matter by filing any fresh case before any Court of law. Further, the Petitioner has requested the Respondent Milk Union not to deduct any amount from the existing employees of the Respondent Milk Union who were involved in the strike. In response, the Respondent Milk Union has addressed a dated 06.02.2025 bearing No. Mumhavo/adalitha/ kanunu/07/2024-25 to the Petitioner to the effect that the Respondent Milk Union will not deduct any further amount by virtue of the Order dated 13.12.2013 passed by the Mysore Labour Court in reference Case No.83/2006 in respect of the employees involved in the strike. In view of the mutual understanding arrived between the Petitioner and the Respondent as stated above, the Petitioner does not wish to prosecute the present Writ Petition as the dispute between the Petitioner and the
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NC: 2025:KHC:6969 WP No. 28529 of 2014 Respondent is amicably settled out of Court. As such, the present Writ Petition may kindly be disposed in terms of the present Joint Memo and as having become Infructuous. The present memo may kindly be taken on record to meet the ends of justice."
3. This Court has gone through the terms and conditions of the joint memo. This Court does not find any impediment to accept the terms and conditions.
Accordingly, the joint memo is accepted. 4. Accordingly, the impugned order is modified in terms of the joint memo. 5. The writ petition is disposed of in terms of the joint memo. Sd/- (ANANT RAMANATH HEGDE) JUDGE BN List No.: 1 Sl No.: 25