- 1 - HC-KAR NC: 2025:KHC-D:11478 WP No. 68582 of 2011 C/W WP No. 68599 of 2011 WP No. 68600 of 2011 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 68582 OF 2011 (L-RES) C/W WRIT PETITION NO. 68599 OF 2011 WRIT PETITION NO. 68600 OF 2011 WRIT PETITION NO. 68601 OF 2011 WRIT PETITION NO. 68602 OF 2011 IN W.P. NO.68582/2011 (L-RES) BETWEEN: SHRI ARJUN S/O. SIDDAPPA KUDCHI, AGE: 52 YEARS, OCC: BUSINESS, R/O. 342, ARIHANT NILAYA, CHAWADI GALLI, WADAGAO, BELGAUM. …PETITIONER (BY SRI. Z.N. HANSI, ADVOCATE) AND: 1. SHRI RAMESH SHIVANAYAK NAYAK, AGE: 45 YEARS, OCC: SERVICE, C/O. GENERAL SECRETARY, KAYAKAJEEVI KOOLI NEKARARA SANGH, MALAPRABH NAGAR, WADAGAON, BELGAUM. 2. SHRI RAMESH GURUBASAPPA BILAGI, AGE: 40 YEARS, OCC: SERVICE, C/O. GENERAL SECRETARY, KAYAKAJEEVI KOOLI NEKARARA SANGH, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:11478 WP No. 68582 of 2011 C/W WP No. 68599 of 2011 WP No. 68600 of 2011 AND 2 OTHERS MALAPRABH NAGAR, WADAGAON, BELGAUM. 3. SHRI NAAMDEV KRISHNAPPA GADDANNAVAR, AGE: 42 YEARS, OCC: SERVICE, C/O. GENERAL SECRETARY, KAYAKAJEEVI KOOLI NEKARARA SANGH, MALAPRABH NAGAR, WADAGAON, BELGAUM. 4. SHRI GANAGADHAR KRISHNAPPA GADDANNAVAR, AGE: 43 YEARS, OCC: SERVICE, C/O. GENERAL SECRETARY, KAYAKAJEEVI KOOLI NEKARARA SANGH, MALAPRABH NAGAR, WADAGAON, BELGAUM. …RESPONDENTS (NOTICE TO R1-R4 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER AND QUASH THE IMPUGNED AWARD DATED 17/08/2011 PASSED BY THE ADDITIONAL LABOUR COURT, HUBLI IN REFERENCE NO.03/2007 AT ANNEXURE-C TO THIS WRIT PETITION. IN W.P. NO.68599/2011 BETWEEN: SHRI ARJUN S/O. SIDDAPPA KUDCHI, AGE: 52 YEARS, OCC: BUSINESS, R/O. 342, ARIHANT NILAYA, CHAWADI GALLI, WADAGAON, BELGAUM. …PETITIONER (BY SRI. Z.N. HANSI, ADVOCATE) AND: SHRI SURESH SOMANINGAPPA GARGAD, - 3 - HC-KAR NC: 2025:KHC-D:11478 WP No. 68582 of 2011 C/W WP No. 68599 of 2011 WP No. 68600 of 2011 AND 2 OTHERS AGE: 48 YEARS, OCC: SERVICE, C/O. GENERAL SECRETARY, KAYAKAJEEVI KOOLI NEKARARA SANGH, MALAPRABH NAGAR, WADAGAON, BELGAUM. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER AND QUASH THE IMPUGNED AWARD DATED 17/08/2011 PASSED BY THE ADDITIONAL LABOUR COURT, HUBLI IN REFERENCE NO.04/2007 AT ANNEXURE-C TO THIS WRIT PETITION. IN W.P. NO.68600/2011 BETWEEN: SHRI .ARJUN S/O. SIDDAPPA KUDCHI, AGE: 52 YEARS, OCC: BUSINESS, R/O. 342, ARIHANT NILAYA, CHAWADI GALLI, WADAGAON, BELGAUM. …PETITIONER (BY SRI. Z.N. HANSI, ADVOCATE) AND: SHRI NAGARAJ CHANDRU TIGADI, AGE: MAJOR, OCC: SERVICE, C/O. GENERAL SECRETARY, KAYAKAJEEVI KOOLI NEKARARA SANGH, MALAPRABH NAGAR, WADAGAON, BELGAUM. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) - 4 - HC-KAR NC: 2025:KHC-D:11478 WP No. 68582 of 2011 C/W WP No. 68599 of 2011 WP No. 68600 of 2011 AND 2 OTHERS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER AND QUASH THE IMPUGNED AWARD DATED 17/08/2011 PASSED BY THE ADDITIONAL LABOUR COURT, HUBLI IN REFERENCE NO.02/2007 AT ANNEXURE-C TO THIS WRIT PETITION. IN W.P. NO.68601/2011 BETWEEN: SHRI ARJUN S/O. SIDDAPPA KUDCHI, AGE: 52 YEARS, OCC: BUSINESS, R/O. 342, ARIHANT NILAYA, CHAWADI GALLI, WADAGAON, BELGAUM. …PETITIONER (BY SRI. Z.N. HANSI, ADVOCATE) AND: SHRI KESHAV R. AMASHI, AGE: 40 YEARS, OCC: SERVICE, C/O. GENERAL SECRETARY, KAYAKAJEEVI KOOLI NEKARARA SANGH, MALAPRABH NAGAR, WADAGAON, BELGAUM. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER AND QUASH THE IMPUGNED AWARD DATED 17/08/2011 PASSED BY THE ADDITIONAL LABOUR COURT, HUBLI IN REFERENCE NO.07/2007 AT ANNEXURE-C TO THIS WRIT PETITION. - 5 - HC-KAR NC: 2025:KHC-D:11478 WP No. 68582 of 2011 C/W WP No. 68599 of 2011 WP No. 68600 of 2011 AND 2 OTHERS IN W.P. NO.68602/2011 BETWEEN: SHRI ARJUN S/O. SIDDAPPA KUDCHI, AGE: 52 YEARS, OCC: BUSINESS, R/O. 342, ARIHANT NILAYA, CHAWADI GALLI, WADAGAON, BELGAUM. …PETITIONER (BY SRI. Z.N. HANSI, ADVOCATE) AND: SHRI SHIVANAND S/O. SANKAPPA MURADI, AGE: 40 YEARS, OCC: SERVICE, C/O. GENERAL SECRETARY, KAYAKAJEEVI KOOLI NEKARARA SANGH, MALAPRABH NAGAR, WADAGAON, BELGAUM. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER AND QUASH THE IMPUGNED AWARD DATED 17/08/2011 PASSED BY THE ADDITIONAL LABOUR COURT, HUBLI IN REFERENCE NO.46/2006 AT ANNEXURE-C TO THIS WRIT PETITION. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA - 6 - HC-KAR NC: 2025:KHC-D:11478 WP No. 68582 of 2011 C/W WP No. 68599 of 2011 WP No. 68600 of 2011 AND 2 OTHERS ORAL ORDER The above writ petitions are filed by the Management calling in question the awards dated 17.08.2011 passed by the Additional Labour Court, Hubli1, the details of which are as follows: 1. W.P.No.68582/2011 Reference No.03/2007 2. W.P.No.68599/2011 Reference No.04/2007 3. W.P.No.68600/2011 Reference No.02/2007 4. W.P.No.68601/2011 Reference No.07/2007 5. W.P.No.68602/2011 Reference No.46/2006 2. It is the case of the petitioner-management in all the writ petitions that the management has not refused employment and it is the workmen, who have refused to work. It is further submitted that the Tribunal has ordered for reinstatement of the workmen, as also ordered for 50% back wages along with other consequential benefits, which is erroneous. It is also submitted that pursuant to the 1 Hereinafter referred to as “the Tribunal” - 7 - HC-KAR NC: 2025:KHC-D:11478 WP No. 68582 of 2011 C/W WP No. 68599 of 2011 WP No. 68600 of 2011 AND 2 OTHERS interim order passed by this Court wherein the award of the Tribunal insofar as back wages was stayed, the workmen have not reported for duty. 3. The respondent-workmen are served and unrepresented. 4. The proceedings before the Tribunal was initiated in the year 2007 i.e., nearly 18 years ago and the order of the Tribunal is of the year 2011. Despite passage of more than 14 years from the order of the Tribunal, the workmen have not reported for work. The workmen are unrepresented in the present proceedings. Keeping in mind the aforesaid factual matrix, the following: ORDER i) The petitions are partly allowed. ii) The awards of the Tribunal, which is impugned in the present writ petitions, are modified to the extent of - 8 - HC-KAR NC: 2025:KHC-D:11478 WP No. 68582 of 2011 C/W WP No. 68599 of 2011 WP No. 68600 of 2011 AND 2 OTHERS setting aside the direction to pay 50% back wages. iii) The awards of the Tribunal in all other respects remain unaltered. Sd/- (C.M. POONACHA) JUDGE YAN CT-MCK List No.: 1 Sl No.: 36