AT AND S INDIA PVT LTD v. GENERAL SECRETARY AT AND S INDIA PVT LTD
WP/17754/2021 · 2025-06-16
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26143 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26143 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:20619 WP No. 17754 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 17754 OF 2021 (L-RES) BETWEEN:
AT AND S INDIA PVT LTD., 12A, INDUSTRIAL AREA, NANJANGUD - 571 301, REPRESENTED BY ITS GENERAL MANAGER (HR), SRI NANDA KISHORE. …PETITIONER (BY SRI K KASTURI, SENIOR COUNSEL A/W SMT SUBHA ANANTHI K, ADVOCATE) AND:
1.
GENERAL SECRETARY AT AND S INDIA PVT LTD., EMPLOYEES ASSOCIATION, COOL LAND 4830/2, NEAR RAJENDRA CIRCLE, HOSAKESARE MYSURU - 570 007, REPRESENTED BY SRI ANILAN.
2.
ADDITIONAL LABOUR COMMISSIONER, (INDUSTRIAL RELATIONS) AND APPELLATE AUTHORITY UNDER INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT 1946, KARMIKA BHAVAN, BANNERGHATTA ROAD, BENGALURU - 560 029.
3.
DEPUTY LABOUR COMMISSIONER, AND CERTIFYING OFFICER UNDER INDUSTRIAL EMPLOYEMENT Digitally signed by C HONNUR SAB Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:20619 WP No. 17754 of 2021 (STANDING ORDERS) ACT 1946, REGION -2, KARMIKA BHAVAN, BANNERGHATTA ROAD, BENGALURU - 560 029.
4.
AT AND S INDIA INDIA WORKERS UNION, RENUKA ENTERPRISES, 355/B, OPP. KAMAKSHI HOSPITAL, KUVEMPU NAGAR, MYSURU - 570 009, REPRESENTED BY ITS GENERAL SECRETARY SHRI DEEPAK K. …RESPONDENTS (BY SRI K B NARAYAN SWAMY, ADVOCATE FOR R1 AND C/R4, SMT PRATHIBHA R K, AGA FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS WITH REGARD TO ORDER DTD.30.6.2018 ON THE FILE OF THE DEPUTY LABOUR COMMISSIONER AND CERTIFYING OFFICER UNDER INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT 1946 REGION-2 BENGALURU AT ANNEXURE-E AND ORDER DTD.24.11.2020 ON THE FILE OF THE ADDITIONAL LABOUR COMMISSIONER (INDUSTRIAL RELATIONS) AND APPELLATE AUTHORITY UNDER INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT 1946 BENGALURU AT ANNEXURE-G RESPECTIVELY.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER A memo dated 28.04.2025 is filed by the petitioner along with the memorandum of settlement dated 18.07.2024.
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HC-KAR NC: 2025:KHC:20619 WP No. 17754 of 2021
2. Learned Senior Counsel appearing for petitioner and
learned counsel for respondent-Union are present.
3. Learned Senior Counsel appearing for the petitioner submits that the matter is settled in terms of the settlement arrived at between the parties. It is further submitted that during the pendency of the writ petition, some of the employees have attained the age of superannuation and 17 among those employees have been paid wages as agreed.
4.
Learned counsel appearing for the respondents would submit that seventeen (17) employees have accepted the settlement relating to the wages payable by accepting 8 days wages per month. It is further submitted that the remaining employees who have attained the age of superannuation will approach the management to extend the same benefit to them.
5. Learned Senior Counsel for the petitioner on instructions would submit that in case the remaining employees who have attained the age of superannuation approach the management requesting the benefit extended to the 17
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HC-KAR NC: 2025:KHC:20619 WP No. 17754 of 2021 employees referred to above, same shall be extended to them as well.
6. This Court has also considered the joint memo signed by the parties to the proceeding.
7. Subject to the aforementioned submissions made by the learned Senior counsel for the petitioner and the learned counsel for the respondent, the settlement dated 18.07.2024 recorded in Form-H is accepted.
8. The impugned award is substituted by the aforementioned settlement dated 18.07.2024 and also the terms relating to 8 days wages per month applicable to employees who have attained the age of superannuation.
9. The settlement dated 18.07.2024 shall also be read as the part of this order. Writ petition is disposed of accordingly. No order as to cost. Sd/- (ANANT RAMANATH HEGDE)
JUDGE CPN/CHS