M.M.INDUSTRIAL CONTROLS PVT LTD v. YALLAPPA S/O BAPUNAVAR
WP/104502/2024 · 2025-09-19
C M Poonacha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53329 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53329 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC-D:12799 WP No. 104502 of 2024 C/W WP No. 104178 of 2024 WP No. 104258 of 2024 AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 104502 OF 2024 (L-ID) C/W WRIT PETITION NO. 104178 OF 2024 WRIT PETITION NO. 104258 OF 2024 WRIT PETITION NO. 104504 OF 2024
IN WRIT PETITION NO. 104502 OF 2024 BETWEEN:
M.M. INDUSTRIAL CONTROLS PVT. LTD., R/BY MR. ABHISHEK MANDE, AGE ABOUT 39 YEARS, OCC: BUSINESS, R/O. SURVEY NO.517, 518 AND 519, GARAG ROAD, DHARWAD-581105. …PETITIONER (BY SRI. SACHIN C. ANGADI, ADVOCATE)
AND:
YALLAPPA S/O. BAPUNAVAR, AGE ABOUT 45 YEARS, OCC: PRIVATE EMPLOYEE, R/O. KUMBAR ONI, AT POST: GARAG, TQ: AND DIST: DHARWAD-580028. …RESPONDENT (BY SRI. R.H. ANGADI & SRI. PRANAV UMESH BADAGI, ADVOCATES)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR QUASH OR PASS AN APPROPRIATE
ORDER TO SET ASIDE THE IMPUGNED AWARD DATED 28/02/2024 IN CASE NO.REF.6/2023, COPY OF THE IMPUGNED AWARD PRODUCED HEREWITH ANNEXURE-B, DISPOSED OF BEFORE THE LABOUR COURT, HUBBALLI, IN THE INTEREST OF JUSTICE AND ETC.
YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD
- 2 -
HC-KAR NC: 2025:KHC-D:12799 WP No. 104502 of 2024 C/W WP No. 104178 of 2024 WP No. 104258 of 2024 AND 1 OTHER
IN WRIT PETITION NO. 104178 OF 2024 BETWEEN:
M.M. INDUSTRIAL CONTROLS PVT. LTD., R/BY MR. ABHISHEK MANDE, AGE ABOUT 39 YEARS, OCC: BUSINESS, R/O. SURVEY NO.517, 518 AND 519, GARAG ROAD, DHARWAD-581105. …PETITIONER (BY SRI. SACHIN C. ANGADI, ADVOCATE)
AND:
SHRI NAGARAJ S/O. MAHARUDRAPPA KAMMAR, AGE ABOUT 45 YEARS, OCC: PRIVATE EMPLOYEE, R/O. GRAMA PANCHAYATH ROAD, AT POST: NARENDRA, TQ: AND DIST: DHARWAD-580003. …RESPONDENT (BY SRI. R.H. ANGADI & SRI. PRANAV UMESH BADAGI, ADVOCATES)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR QUASH OR PASS AN APPROPRIATE
ORDER TO SET ASIDE THE IMPUGNED AWARD DATED 28/02/2024 IN CASE NO.REF.4/2023, COPY OF THE IMPUGNED AWARD PRODUCED HEREWITH ANNEXURE-B, DISPOSED OF BEFORE THE LABOUR COURT, HUBBALLI, IN THE INTEREST OF JUSTICE AND ETC.
IN WRIT PETITION NO. 104258 OF 2024 BETWEEN:
M.M. INDUSTRIAL CONTROLS PVT. LTD., R/BY MR. ABHISHEK MANDE, AGE ABOUT 39 YEARS, OCC: BUSINESS, R/O. SURVEY NO.517, 518 AND 519, GARAG ROAD, DHARWAD-581105. …PETITIONER (BY SRI. SACHIN C. ANGADI, ADVOCATE)
AND:
IRAPPA S/O. RAMAPPA AGASIBAGIL, AGE ABOUT 45 YEARS, OCC: PRIVATE EMPLOYEE, R/O. KAMMAPUR ONI, AT POST: NARENDRA,
- 3 -
HC-KAR NC: 2025:KHC-D:12799 WP No. 104502 of 2024 C/W WP No. 104178 of 2024 WP No. 104258 of 2024 AND 1 OTHER
TQ & DIST: DHARWAD-580005. …RESPONDENT (BY SRI. R.H. ANGADI & SRI. PRANAV UMESH BADAGI, ADVOCATES)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR QUASH OR PASS AN APPROPRIATE
ORDER TO SET ASIDE THE IMPUGNED AWARD DATED 28/02/2024 IN CASE NO.REF.3/2023, COPY OF THE IMPUGNED AWARD PRODUCED HEREWITH ANNEXURE-A, DISPOSED OF BEFORE THE LABOUR COURT, HUBBALLI, IN THE INTEREST OF JUSTICE AND ETC.
IN WRIT PETITION NO. 104504 OF 2024 BETWEEN:
M.M. INDUSTRIAL CONTROLS PVT. LTD., R/BY MR. ABHISHEK MANDE, AGE ABOUT 39 YEARS, OCC: BUSINESS, R/O. SURVEY NO.517, 518 AND 519, GARAG ROAD, DHARWAD-581105. …PETITIONER (BY SRI. SACHIN C. ANGADI, ADVOCATE)
AND:
NEELAPPA S/O. SHANKARAPPA NARENDRA, AGE ABOUT 45 YEARS, OCC: PRIVATE WORK, R/O. NADAVIN ONI, AT POST: CHIKKABELLIGATTI, TQ: BAILHONGAL, DIST: BELAGAVI-591102. …RESPONDENT (BY SRI. R.H. ANGADI & SRI. PRANAV UMESH BADAGI, ADVOCATES)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR QUASH OR PASS AN APPROPRIATE
ORDER TO SET ASIDE THE IMPUGNED AWARD DATED 28/02/2024 IN CASE NO.REF.7/2023, COPY OF THE IMPUGNED AWARD PRODUCED HEREWITH ANNEXURE-B, DISPOSED OF BEFORE THE LABOUR COURT, HUBBALLI, IN THE INTEREST OF JUSTICE AND ETC.
THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, THE
ORDER WAS MADE THEREIN AS UNDER:
- 4 -
HC-KAR NC: 2025:KHC-D:12799 WP No. 104502 of 2024 C/W WP No. 104178 of 2024 WP No. 104258 of 2024 AND 1 OTHER
CORAM:
THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER The present writ petitions are filed by the Management calling in question the awards passed by the Labour Court. The primary contention put forth by the management in the aforementioned writ petitioner is that they did not have an opportunity to contest the proceedings before the Labour Court and that the award impugned in the aforementioned writ petitions is an exparte award.
2. It is the vehement contention of the learned counsel for the respondent-workman in all the aforementioned writ petitions is that the management has intentionally not appeared before the Labour Court in the proceedings which are the subject matter of challenge in the present writ petitions, while they had appeared in other cases where award of reinstatement was passed without back wages.
3. Disputing the contention put forth on behalf of the workman that the petitioner-management intentionally
- 5 -
HC-KAR NC: 2025:KHC-D:12799 WP No. 104502 of 2024 C/W WP No. 104178 of 2024 WP No. 104258 of 2024 AND 1 OTHER
did not appear before the Labour Court, learned counsel for the petitioner seeks to contend that other civil suits were pending and the petitioner did not have the knowledge of the proceedings before the Labour Court.
4. Notwithstanding the rival contentions put forth by both the leaned counsels as noticed above, having regard to the fact that the petitioner did not have an opportunity to contest the proceedings initiated by the respondent workman before the Labour Court, it is just and proper that the petitioner be afforded an opportunity to contest the proceedings initiated by the workman before the labour Court subject to certain conditions.
5. Hence, the following:-
ORDER i) The writ petitions are allowed subject to the petitioner paying a cost of ₹10,000/- each to the respondent/s in each of the writ petitions;
- 6 -
HC-KAR NC: 2025:KHC-D:12799 WP No. 104502 of 2024 C/W WP No. 104178 of 2024 WP No. 104258 of 2024 AND 1 OTHER
ii)The awards dated 28.04.2024 in reference Nos.6/2024, 4/2024, 3/2024 and 7/2024 passed by the Labour Court, Hubbali are set aside; iii) The parties shall appear before the Labour Court on 27.10.2025, without the requirement of any further notice being issued in this regard; iv) The petitioner-management shall pay the cost as ordered above to the respondent/s on or before the date of appearance before the Labour Court. In the event the respondent-workman refuses to receive the costs, the petitioner shall be at liberty to deposit the costs before the Labour Court; v) In the event the petitioner does not comply with the condition regarding payment of costs as ordered above, the petitioner shall loose the benefit of this order; vi) It shall be open to the parties to co-operate with the Labour Court for expeditious disposal of the proceedings and the Labour Court shall endeavour to complete the proceedings as expeditiously as possible in any event, not
- 7 -
HC-KAR NC: 2025:KHC-D:12799 WP No. 104502 of 2024 C/W WP No. 104178 of 2024 WP No. 104258 of 2024 AND 1 OTHER
later than 4 months from the date of appearance of the parties; Vii) All contentions of both parties on the merits of the matter are kept open. viii) Pending IAs if any, are disposed of.
Sd/- (C.M. POONACHA) JUDGE
HMB CT-MCK List No.: 1 Sl No.: 30