- 1 - HC-KAR NC: 2025:KHC-D:15007 WP No. 108070 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 108070 OF 2025 (L-ID) BETWEEN: GUALA CLOSURES INDIA PRIVATE LIMITED, (A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013), HAVING REGISTERED OFFICE AT: D-1, SESA GHOR, PATTO, PANJIM, GOA, INDIA-403 001. ALSO AT: PLOT NO. 548, R.S. NO.344 AND 345, BELLUR KIADB INDUSTRIAL AREA, DHARWAD, KARNATAKA, INDIA-580 011, REPRESENTED BY ITS AUTHORISED SIGNATORY, MR. JOSEPH PEREIRA. … PETITIONER (BY SRI. GURUDAS KUMAR, SENIOR COUNSEL ADVOCATE FOR SMT. SUNAYANA BASU MALLIK, ADVOCATE) AND: 1. ASSISTANT LABOUR COMMISSIONER, KARMIKA BHAVANA, CHAITANYA NAGAR, GOKUL ROAD, HUBBALLI, KARNATAKA-580 023. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15007 WP No. 108070 of 2025 2. STATE OF KARNATAKA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KARNATAKA, SOCIAL WELFARE AND LABOUR DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR ROAD, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA-560 001. 3. JOINT DIRECTOR OF FACTORIES, HUBBALLI REGION, HUBBALLI, 1ST FLOOR, VEENA PLAZA, CTS NO.3453, P.B. ROAD, UNKAL, HUBBALLI, KARNATAKA-580 031. 4. LABOUR OFFICER, UVI-1, HUBBALLI, MAHESH P.U. COLLEGE ROAD, GOKUL ROAD, BHARAT NAGAR, CHAITANYA NAGAR, SAHADEV NAGAR, HUBBALLI, KARNATAKA-580 024. 5. AXIOM PROPACK KARMIKAR SANGA (R), REPRESENTED BY PRESIDENT, GANGAPPA B. KOUJALAGI, KIADB BELUR INDUSTRIAL AREA, MAHANTESH NAGAR, AT: NARENDRA, TQ. AND DIST. DHARWAD-580 005. … RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1, R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AND SET ASIDE THE NOTICE DATED 27/10/2025 (ANNEXURE-H) SENT BY THE RESPONDENT NO. 1 TO THE PETITIONER - 3 - HC-KAR NC: 2025:KHC-D:15007 WP No. 108070 of 2025 RESTRAINING THE PETITIONER TO TAKE OUT ITS MACHINERY IN THE FACTORY, RAW MATERIALS OR MANUFACTURED GOODS AS NON-EST AND UNENFORCEABLE IN LAW HAVING REGARD TO THE CORRECT PROCEDURES FOLLOWED BY THE PETITIONER AS PER THE LAW; QUASH AND SET ASIDE THE NOTICE DATED 27/10/2025 (ANNEXURE-H1) BEARING REFERENCE NUMBER ALCH/IDA/SR-04/2025-26 SENT BY THE RESPONDENT NO.1 TO THE PETITIONER FOR ATTENDING THE CONCILIATION MEETING BETWEEN THE PETITIONER AND THE TRADE UNION OF THE WORKMEN AS THE PETITIONER HAS LAWFULLY CLOSED DOWN ITS ESTABLISHMENT AND DOES NOT WANT TO CONTINUE FOR THE REASONS STATED IN THE REPRESENTATIONS MADE TO THE RESPONDENT NO.1; QUASH AND SET ASIDE THE SUMMONS ISSUED TO THE PETITIONER UNDER INDUSTRIAL DISPUTE ACT, 1947, KARNATAKA RULE, 1957, FORM-D (SEE RULE 17) BEARING REFERENCE NUMBER ALCH/IDA/SR-04/2025-26 (ANNEXURE-J) AS THE PETITIONER HAS PROVIDED THE COGENT REASONS FOR THE CLOSE DOWN OF THE ESTABLISHMENT AND DOES NOT WANT TO CONTINUE WITH THE OPERATIONS OF THE ESTABLISHMENT AND ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 NOT TO INTERFERE WITH THE CLOSE DOWN OF THE ESTABLISHMENT BY THE PETITIONER AND NOT TO INTERFERE WITH THE MOVEMENT OF THE MACHINERY, GOODS, RAW MATERIALS, FINISHED PRODUCTS, AND OTHER ANCILLARY MATERIALS BELONGING TO THE PETITIONER FROM THE ESTABLISHMENT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:15007 WP No. 108070 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. Heard learned Senior counsel appearing for the petitioner and learned Additional Government Advocate appearing for the respondents-State. 2. Petitioner is permitted to implead the Employees’ Union of the petitioner-establishment as one of the respondents, the jurisdictional Labour Officer, and Joint Director of Factories, Hubballi. 3. Petitioner to carry out amendment and furnish amended cause-title. 4. Learned Senior Counsel appearing for the petitioner would submit that conciliation proceedings are being held before the jurisdictional Conciliation Officer on 05.11.2025. He would further submit that the Conciliation proceedings be held as early as possible report be submitted to the appropriate Government and it is further submitted - 5 - HC-KAR NC: 2025:KHC-D:15007 WP No. 108070 of 2025 that in case the dispute is not resolved, the petitioner will avail such remedy as advised in law. 5. Submission is placed on record. 6. Learned Additional Government Advocate appearing for the respondents-State would submit that the conciliation proceedings will be held in accordance with law. 7. The writ petition is disposed of without entering into the merits of the case. 8. The Conciliation Officer shall hold the proceedings and shall submit the report to the appropriate Government within 4 weeks from today. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 48