- 1 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.30064 OF 2018 (L-RES) C/W WRIT PETITION NO.25849 OF 2015 (L-REF) WRIT PETITION NO.25855 OF 2015 (L-TER) WRIT PETITION NO.55354 OF 2015 (L-RES) WRIT PETITION NO.51985 OF 2016 (L-TER) WRIT PETITION NO.9741 OF 2021 (L-RES) WRIT PETITION NO.11595 OF 2021 (L-RES) WRIT PETITION NO.12599 OF 2021 (L-RES) WRIT PETITION NO.12509 OF 2023 (L-RES) WRIT PETITION NO.12555 OF 2023 (L-RES) WRIT PETITION NO.12559 OF 2023 (L-RES) WRIT PETITION NO.13893 OF 2023 (L-RES) WRIT PETITION NO.15756 OF 2023 (L-RES) IN WP.No.30064/2018: BETWEEN: 1. THE WARDEN GOVERNMENT GENTS MEDICAL COLLEGE POST GRADUATE STUDENTS HOSTEL SAYYAJI RAO ROAD MYSORE-570 001 2. THE PRINCIPAL THE MYSORE MEDICAL COLLEGE HOSTEL SAYYAJI RAO ROAD MYSORE-570 001 3. THE DIRECTOR AND DEAN GOVERNMENT MEDICAL COLLEGE SAYYAJI RAO ROAD Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS MYSORE-570 001 …PETITIONERS (BY SRI CHANDRAKANTH R.GOULAY, ADVOCATE) AND: 1. SRI SUBBA MAJOR PRINCIPAL SECRETARY MYSORE DISTRICT INDUSTRIAL WORKERS ASSOCIATION NO.627, NALA BEEDHI K.R.MOHALLA MYSORE-570 023 2. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY TO GOVERNMENT DEPARTMENT OF MEDICAL EDUCATION M.S.BUILDING BENGALURU-560 001 …RESPONDENTS (BY SRI V.S.NAIK, ADVOCATE FOR R-1; SRI K.R.RAJENDRA, AGA FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28.09.2017 PASSED IN REFERENCE NO.23/2017 BY THE PRESIDING OFFICER, LABOUR COURT, MYSURU VIDE ANNEXURE-A. IN WP.NO.25849/2015: BETWEEN: THE DEAN AND DIRECTOR MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE MYSORE DR.B.KRISHNAMURTHY S/O.LATE BALASUNDARAM AGED ABOUT 57 YEARS - 3 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS …PETITIONER (BY SRI CHANDRAKANTH R.GOULAY, ADVOCATE) AND: 1. SRI MANJUNATH REP. BY PRINCIPAL SECRETARY MYSORE DISTRICT INDUSTRIAL LABOUR ASSOCIATION NO.627, I CROSS, 100 FEET ROAD NALA BEEDI, K.R.MOHALLA MYSORE-570 024 2. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE REP. BY ITS SECRETARY VIDHANA SOUDHA BENGALURU-560 001 3. THE STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION REP. BY ITS SECRETARY VIDHANA SOUDHA BENGALURU-560 001 4. THE PRINCIPAL SECRETARY HIGHER EDUCATION KARNATAKA GOVERNMENT BENGALURU-560 001 5. THE WARDEN GOVERNMENT MEDICAL STUDENTS HOSTEL MYSORE-570 024 6. THE LABOUR COMMISSIONER MYSORE DISTRICT MYSORE-570 024 …RESPONDENTS - 4 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS (BY SRI V.S.NAIK, ADVOCATE FOR R-1; SRI K.R.RAJENDRA, AGA FOR R-2 TO R-6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.04.2014 PASSED IN REFERENCE NO.36/2013 BY THE PRESIDING LABOUR COURT, MYSURU VIDE ANNEXURE-C. IN WP.NO.25855/2015: BETWEEN: THE DEAN AND DIRECTOR MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE MYSORE DR.B.KRISHNAMURTHY S/O.LATE BALASUNDARAM AGED ABOUT 57 YEARS …PETITIONER (BY SRI CHANDRAKANTH R.GOULAY, ADVOCATE) AND: 1. SRI SURESH C/O. SRI H.S.JAGADISH PRINCIPAL SECRETARY MYSORE DISTRICT GENERAL EMPLOYEES UNION NO.627, I CROSS, 100 FEET ROAD NALABEEDI, K.R.MOHALLA MYSORE 2. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE REP. BY ITS SECRETARY VIDHANA SOUDHA BENGALURU-560 001 3. THE STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION - 5 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS REP. BY ITS SECRETARY VIDHANA SOUDHA BENGALURU-560 001 4. THE PRINCIPAL SECRETARY HIGHER EDUCATION VIDHANA SOUDHA KARNATAKA GOVERNMENT BENGALURU-560 001 5. THE WARDEN GOVERNMENT MEDICAL STUDENTS HOSTEL MYSORE MEDICAL COLLEGE MYSORE-570 001 6. THE LABOUR COMMISSIONER MYSORE DISTRICT MYSORE-570 001 … RESPONDENTS (BY SRI V.S.NAIK, ADVOCATE FOR R-1; SRI K.R.RAJENDRA, AGA FOR R-2 TO R-6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.04.2014 PASSED IN REFERENCE NO.4/2012 BY THE PRESIDING OFFICER, LABOUR COURT, MYSURU VIDE ANNEXURE-C. IN WP NO. 55354/2015: BETWEEN: SRI MANJUNATH AGED ABOUT 33 YEARS S/O.SHIVANNA R/AT D.NO.996 UDBOOR VILLAGE & POST JAYAPURA HOBLI MYSORE TALUK & DISTRICT-570 008 …PETITIONER - 6 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS (BY SRI V.S.NAIK, ADVOCATE) AND: MYSORE MEDICAL COLLEGE & RESEARCH INSTITUTE MYSORE-570 001 REP. BY ITS DEAN AND DIRECTOR …RESPONDENT (BY SRI CHANDRAKANTH R. GOULAY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 19.04.2014 PASSED IN REFERENCE NO.36/2013 BY THE PRESIDING OFFICER, LABOUR COURT, MYSORE VIDE ANNEXURE-A. IN WP NO.51985/2016: BETWEEN: MR. SURESH AGED ABOUT 49 YEARS R/AT. ADJACENT TO VETERINARY HOSPITAL HUNSUR ROAD, ILAWALA ILWALA HOBLI MYSORE TALUK & DISTRICT …PETITIONER (BY SRI V.S.NAIK, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION GOVERNMENT OF KARANTAKA BENGALURU-560 001 2. THE WARDEN GOVT. MEDICAL STUDENTS' HOSTEL MYSURU-570 001 3. THE DIRECTOR AND DEAN - 7 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS MYSORE MEDICAL COLLEGE MYSURU-570 001 … RESPONDENTS (BY SRI K.R.RAJENDRA, AGA FOR R-1; SRI CHANDRAKANTH R.GOULAY, ADVOCATE FOR R-2 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.04.2014 PASSED IN REFERENCE NO.4/2012 BY THE PRESIDING OFFICER, LABOUR COURT, MYSURU VIDE ANNEXURE-E. IN WP NO. 9741/2021: BETWEEN: 1. THE DEAN AND DIRECTOR GOVERNMENT OF MEDICAL COLLEGE OPP. K.R.HOSPITAL MYSURU 2. THE WARDEN MEDICAL COLLEGE HOSTEL FOR U.G.MEN, JLB ROAD MYSURU …PETITIONERS (BY SRI CHANDRAKANTH R.GOULAY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH & FAMILY WELFARE VIKASA SOUDHA BENGALURU-560 001 2. SRI D.S.JAYARAM C/O.THE PRINCIPAL SECRETARY MYSURU DISTRICT INDUSTRIAL EMPLOYEES UNION, NO.627 - 8 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS NALA BEEDI, K.R.MOHALLA MYSURU … RESPONDENTS (BY SRI K.R.RAJENDRA, AGA FOR R-1; SRI V.S.NAIK, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 22.07.2019 PASSED IN IID.NO.15/2018 BY THE DISTRICT JUDGE AND PRESIDING OFFICER, LABOUR COURT, MYSURU VIDE ANNEXURE-A AND ETC. IN WP.NO. 11595/2021: BETWEEN: 1. THE DEAN & DIRECTOR GOVERNMENT OF MEDICAL COLLEGE OPP. TO K.R.HOSPITAL MYSURU-570 112 2. THE WARDEN MEDICAL COLLEGE HOSTEL FOR U.G.WOMENS JLB ROAD MYSURU-570 112 …PETITIONERS (BY SRI CHANDRAKANTH R.GOULAY, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY HEALTH & FAMILY WELFARE DEPARTMENT VIKASA SOUDHA BENGALURU-560 001 2. SMT.RASHMI S. C/O.PRINCIPAL SECRETARY MYSURU DISTRICT INDUSTRIAL EMPLOYEES UNION - 9 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS NO.627, NALA BEEDI K.R.MOHALLA MYSURU-570 112 … RESPONDENTS (BY SRI K.R.RAJENDRA, AGA FOR R-1; SRI V.S.NAIK, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 22.07.2019 PASSED IN IID.NO.16/2018 BY THE DISTRICT JUDGE AND PRESIDING OFFICER, LABOUR COURT, MYSURU VIDE ANNEXURE-A AND ETC. IN WP.NO.12599/2021: BETWEEN: 1. THE WARDEN GOVERNMENT MEDICAL COLLEGE P.G.HOSTEL FOR WOMEN VINOBHA ROAD MYSURU-570 005 2. THE PRINCIPAL MYSURU MEDICAL COLLEGE HOSTEL SAYYAJI RAO ROAD MYSURU 3. THE DEAN & DIRECTOR MYSORE MEDICAL COLLEGE AND RESEARCH CENTRE IRWIN ROAD, MYSURU REP. BY SRI C.G.NANGARAJ …PETITIONERS (BY SRI CHANDRAKANTH R.GOULAY, ADVOCATE) AND: SRI B.S.SHIVARAJU S/O.SANNEGOWDA REP. BY PRINCIPAL SECRETARY MYSURU DISTRICT GENERAL EMPLOYEES UNION NO.627, NALABEEDI - 10 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS K.R.MOHALLA, MYSURU … RESPONDENT (BY SRI V.S.NAIK, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 30.09.2019 PASSED IN REF.NO.24/2017 BY THE DISTRICT JUDGE AND PRESIDING OFFICER, LABOUR COURT, MYSURU VIDE ANNEXURE-A. IN WP.NO. 12509/2023: BETWEEN: SMT. RASHMI S., W/O. ASHOK K.J., AGED ABOUT 42 YEARS, R/AT NO.1, 3RD MAIN, SARVAJANIKA HOSTEL ROAD, VIDYARANYAPURAM, MYSURU-570 008. …PETITIONER (BY SRI V.S.NAIK, ADVOCATE) AND: 1. THE DEAN AND DIRECTOR GOVERNMENT MEDICAL COLLEGE OPP. K.R.HOSPITAL MYSURU-570 015 2. THE WARDEN MEDICAL COLLEGE HOSTEL FOR UG MEN, J.L.B.ROAD MYSURU-570 005 3. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH & FAMILY WELFARE VIKASA SOUDHA BENGALURU-560 001 REP. BY ITS SECRETARY - 11 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS … RESPONDENTS (BY SRI CHANDRAKANTH R.GOULAY, ADVOCATE FOR R-1 & R-2; SRI K.R.RAJENDRA, AGA FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 22.07.2019 PASSED IN IID.NO.16/2018 BY THE DISTRICT JUDGE AND PRESIDING OFFICER, LABOUR COURT, MYSURU VIDE ANNEXURE-A AND ETC. IN WP NO. 12555/2023: BETWEEN: SUBBA S/O.LATE KARAPAIAH AGED ABOUT 47 YEARS R/AT NO.18, NAZARBAD MOHALLA KURUBARAHALLI 5TH CROSS AMBEDKAR COLONY MYSURU-570 011 …PETITIONER (BY SRI V.S.NAIK, ADVOCATE) AND: 1. THE WARDEN GOVERNMENT GENTS MEDICAL COLLEGE POST GRADUATE STUDENTS HOSTEL SAYYAJI RAO ROAD MYSURU-570 001 2. THE PRINCIPAL MYSURU MEDICAL COLLEGE HOSTEL SAYYAJI RAO ROAD MYSURU-570 001 3. THE DEAN AND DIRECTOR GOVERNMENT MEDICAL COLLEGE - 12 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS OPP. K.R.HOSPITAL MYSURU-570 015 …RESPONDENTS (BY SRI CHANDRAKANTH R.GOULAY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 28.09.2017 PASSED IN REFERENCE NO.23/2017 BY THE DISTRICT JUDGE AND THE PRISIDING OFFICER, LABOUR COURT, MYSURU VIDE ANNEXURE-A. IN WP NO.12559/2023: BETWEEN: B.S.SHIVARAJU S/O.SRI SANNEGOWDA AGED ABOUT 47 YEARS R/AT BOREHOSAHALLI KAMPALAPURA POST PERIYAPATNA TALUK MYSURU DISTRICT-571 107 …PETITIONER (BY SRI V.S.NAIK, ADVOCATE) AND: 1. THE WARDEN GOVERNMENT MEDICAL COLLEGE P.G. HOSTEL FOR WOMEN VINOBHA ROAD MYSURU-570 005 2. THE PRINCIPAL MYSURU MEDICAL COLLEGE HOSTEL SAYYAJI RAO ROAD MYSURU-570 001 3. THE DEAN & DIRECTOR MYSORE MEDICAL COLLEGE AND RESEARCH CENTRE IRWIN ROAD - 13 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS MYSURU-570 001 …RESPONDENTS (BY SRI CHANDRAKANTH R.GOULAY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 30.09.2019 PASSED IN REFERENCE NO.24/2017 BY THE DISTRICT JUDGE AND THE PRISIDING OFFICER, LABOUR COURT, MYSURU VIDE ANNEXURE-A. IN WP.NO.13893/2023: BETWEEN: JAYARAM D.S. S/O.LATE SRINIVASA MURTHY D.S. AGED ABOUT 50 YEARS R/AT NO.504, 6TH MAIN 2ND CROSS, 'H' BLOCK RAMAKRISHNA NAGAR MYSURU - 570 022 …PETITIONER (BY SRI V.S.NAIK, ADVOCATE) AND: 1. THE DEAN & DIRECTOR GOVERNMENT MEDICAL COLLEGE OPP: K.R.HOSPITAL MYSURU-570 015 2. THE WARDEN MEDICAL COLLEGE HOSTEL FOR UG MEN J.L.B. ROAD MYSURU-570 005 3. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH & FAMILY WELFARE VIKASA SOUDHA BENGALURU-560 001 - 14 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS REP. BY ITS SECRETARY …RESPONDENTS (BY SRI CHANDRAKANTH R.GOULAY, ADVOCATE R-1 & R-2; SRI K.R.RAJENDRA, AGA FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 22.07.2019 PASSED IN IID.NO.15/2018 BY THE DISTRICT JUDGE AND THE PRISIDING OFFICER, LABOUR COURT, MYSURU VIDE ANNEXURE-A. IN WP.NO.15756/2023: BETWEEN: 1. SRI SHIVANNA S/O.VEERATHAPPA AGED ABOUT 55 YEARS R/AT BASAHALLI HUNDU VILLAGE SOMESHWARA POST VARUNA HOBLI MYSURU TALUK MYSURU DISTRICT-570 010 2. SRI VRUSHABENDRA S/O.VEERATHAPPA AGED ABOUT 47 YEARS R/AT BASAHALLI HUNDU VILLAGE SOMESHWARA POST VARUNA HOBLI MYSURU TALUK MYSURU DISTRICT-570 010 3. SRI GURUSWAMY S/O.GURUSWAMY ARADHYA AGED ABOUT 57 YEARS R/AT AYARAHALLI VILLAGE VARUNA HOBLI MYSURU TALUK MYSURU DISTRICT-570 010 4. SRI K.P.MALLAIAH S/O.PUTTA MALLAIAH - 15 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS AGED ABOUT 51 YEARS NO.2353/2, I CROSS KAILASEPURAM, MANDI MOHALLA MYSURU-570 007 5. SRI SIDDARAJU S/O.CHIKKAIAH AGED ABOUT 47 YEARS R/AT MANDAKALLI NEAR MYSURU AIRPORT MYSURU-571 311 6. SRI T.MALLESHA S/O.THIBBAPPA AGED ABOUT 34 YEARS R/AT T.M.HUNDI DEVALAPURA POST VARUNA POST MYSURU TALUK MYSURU DISTRICT-570 010 7. SMT.MANJULA W/O.KUMAR AGED ABOUT 40 YEARS R/AT GANDHINAGAR, 8TH CROSS MYSURU-570 007 8. SMT.PARIMALA W/O.NARAYANA AGED ABOUT 47 YEARS R/AT DOOR NO.2364 1ST CROSS, KAILASAPURA MANDI MOHALLA MYSURU-570 001 …PETITIONERS (BY SRI V.S.NAIK, ADVOCATE) AND: 1. THE DEAN & DIRECTOR MYSORE MEDICAL COLLEGE OPPOSITE TO K.R.HOSPITAL - 16 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS MYSURU-570 015 2. THE WARDEN GOVERNMENT MEDICAL COLLEGE PG HOSTEL COLLEGE CAMPUS MYSURU-570 015 3. THE CHIEF SECRETARY, G.O.K. HEALTH AND FAMILY WELFARE DEPARTMENT VIKASA SOUDHA BENGALURU-560 001 …RESPONDENTS (BY SRI CHANDRAKANTH R.GOULAY, ADVOCATE R-1 & R-2; SRI K.R.RAJENDRA, AGA FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 30.09.2019 PASSED IN REFERENCE NO.25/2017 BY THE DISTRICT JUDGE AND THE PRESIDING OFFICER, LABOUR COURT, MYSURU VIDE ANNEXURE-A. THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER These writ petitions are filed challenging the order passed by the Labour Court, Mysuru vide Annexure-A in several reference and IID numbers, wherein the Labour Court has allowed all the references/IID in part; declared that the action of II party i.e. the Institution in refusing employment to the workmen as illegal; consequently, - 17 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS directed the II party i.e. the Institution to take back the workmen into service to the post last held by them within the time stipulated in the award. 2. In these batches of petitions, all matters deal with common question of law. The facts are slightly different. There are several categories of cases in these batch of petitions. First category is that the Institution has placed ex parte and the orders were passed ex parte. Second category is that the Institution has appeared and contested the matters and thereafter, the orders were passed. Third category is that the Institution has appeared and counter statement was filed, but evidence not led and documents not marked. The next category is that the Institution has appeared and contested the matters and thereafter, orders were passed. The next category would be the Institution has appeared and contested, but documents are not marked. - 18 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS 3. The genesis of the matter is as under: The Warden of the Government Students Hostel, which is run by the Principal of the Mysore Medical College and Research Institution, Mysore, which is an Institution registered under the Karnataka Societies Registration Act, 1960, the Institution is governed by its own Memorandum of Association and Rules and Regulations and Bye-laws approved by the Government of Karnataka. 3.1 The Warden is an employee of the Institution who looks after the Hostel of the Institution and has no power of appointment of any kind much less on temporary basis. The Hostel Mess is run by the inmates of the Hostel themselves by contributing certain amounts by them and one of them heads and manages the affairs of the Hostel Mess. The duty of the warden is only to provide the facilities required for the Hostel including utensils and other requirements of the students but he is nothing to do with any employment of Cooks or helpers or any workers in the kitchen. - 19 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS 3.2 A reference was sent by the Government of Karnataka by several orders under Sections 10(1)(c) and (d) of the Industrial Disputes Act, 1947 for adjudication of certain points for reference. 3.3 After the reference was received by the Court, it was registered in several references and notices were issued. In some of the matters, the Institution had appeared and filed their statement. In some of the matters, they have contested; in some of the matters, though they have contested, they have not led any evidence; in some of the matters, though they have contested the matters and led evidence, but they have not marked documents. 3.4 The facts pleaded in the claim statement of the workmen is as follows: According to the claimants in the claim statement, they were appointed in their respective posts as sweeper, cook and etc. by the Institution for more than several - 20 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS years and they worked in the Institution without any blemish. It is the claim of the claimants in the statement that without assigning any reasons, the Institution refused the employment to the workmen and despite the workmen requesting the Institution to permit them to work, it did not yield any result. Due to which, the workmen were refused employment in the Institution. 3.5 This being the state of affairs, the workmen submitted representations to the Institution. Despite the same, they were not provided with employment nor reinstatement. Therefore, the workmen submitted petitions before the Labour Officer. However, the conciliation did not yield any result. On the failure of the report of conciliation and the same was sent to the Government, on the several references were made by the Government for adjudication of the dispute. 3.6 It was the statement made in the claim petition by the workmen that they were all employed with the Institution and they were paid salary and they were - 21 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS maintaining their family and the education of the children and so also the medical expenses. However due to the illegal act of the Institution in not providing employment to the workmen the same has disturbed the entire finance and the economy in the family of the workmen and hence they sought for an order of reinstatement into service and consequential benefits. 3.7 In some of the matters, though the Institution appeared, they were placed ex parte. Be that as it may, as stated hereinabove, in several categories of matters, wherever the Institution appeared, the evidence were adduced, the arguments were heard and on the basis of the materials placed, the Labour Court proceeded further in the matter and came to the conclusion that the workmen have established that they were permanent workmen under the Institution and they were refused employment and accordingly, on the basis of the materials placed before the Court and the evidence adduced, in the references, point No.1 is answered in the negative and point No.2 in the affirmative and accordingly, the Labour - 22 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS Court allowed the claim petitions in part and directed the Institution to reinstate the workmen into service within stipulated time from the date of operation of the award and declared that the act of refusing the employment of the workmen as illegal. In some of the matters, it is also ordered that on the principles of no work-no wage, the workmen were not entitled for backwages till the date of their reinstatement into service, the workmen were also entitled for continuity of service and consequential benefits from the date when they approached the Labour Court till filing of the petition. Contentions of learned counsel for Institution:- 4. It is the vehement contention of Sri Chandrakanth R. Goulay, learned counsel for Institution that the Labour Court has not considered as to whether there is a proper service of notice, the procedure was not followed in accordance with law and the Institution having been placed ex parte is not correct and the same is illegal and liable to be set aside. Learned counsel vehemently - 23 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS contended that the impugned orders passed by the Labour Court is liable to be quashed and set aside as it is bad in law. It is further contended that the awards passed by the Labour Court in several matters are ex parte awards as no proper service of notice was taken and on this basis also, the ex parte awards are required to be set aside. 4.1 It is further contended by learned counsel for Institution that in the matters, where the Institution has appeared and contested and produced material evidence both oral and documentary, the Labour Court has not taken into consideration these relevant crucial documents and the evidence so adduced and it has totally misdirected itself. 4.2 Learned counsel contends that an independent account was maintained by the Students Committee. Therefore, it would not aid the workmen in the award being passed in their favour for the reason that the Hostel was run by the Students Union and therefore, the Institution does not have anything to do with the Students - 24 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS Union which was running the Hostel Mess, as it is an independent entity. 4.3 Learned counsel further contends that there was absolutely no privity of contract between the Institution and the workmen herein as they were not appointed by the Institution and no order of appointment is issued to any of the workmen. Therefore, in the absence of basic and primary evidence for the proof of appointment, all other issues would not arise for consideration and the awards so passed for reinstatement and payment of wages is totally illegal, unlawful, arbitrary and the same is liable to be rejected and set aside. 4.4 Learned counsel further contends that there are number of persons working in the Institution, one by way of regular employment and the other by way of outsourcing, the salary has also been paid from the account of Students Mess Committee. Therefore, the payment of salary from the Institution does not arise. Learned counsel further contends that the warden is - 25 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS working only in the nature of supervising the activities of the Hostel Mess. No independent authority or charge is given to the warden so as to represent the Institution. It is only a 'honorary post' and no salary is paid to the warden. 4.5 Learned counsel further contends that the posts of warden, cook, assistant cook and other helpers as the case may be are not found in these cases and are not a regular post as per the Byelaws of the Institution. Therefore, the question of extending any benefit to the workmen in these batch of cases does not arise. It is also contended by learned counsel that if any documents are so issued, the same does not carry any significance in the eye of law. If it is issued by the warden, he has no authority to issue any such certificate of employment, if any such certificate is issued, the same is invalid. 4.6 It is the vehement contention of learned counsel that in few cases, the Institution were placed ex parte. Therefore, they could not tender evidence and produce documents to substantiate. In few cases, where the - 26 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS Institution has appeared, though they could appear, they could not file their statement and produce materials to substantiate their case. In few cases, though they have appeared and filed their statement, they could not lead evidence and produce materials, thereby again lacking material before the Court, for the Court to come to an appropriate finding on the basis of materials and has been devoid of the truth of the facts of the case. It is also contended that in few of the cases, though there is appearance, the statement being filed and the evidence being adduced, the documents which are required to be placed before the Labour Court has not been placed and no opportunity was given to the Institution. Hence for lack of these materials, the Labour Court has not been privy to these documents which are relevant and crucial for adjudication of the matters. 4.7 Learned counsel further contends that in all, there are four Mess/Hostels. The senior faculty is appointed to take care of the Hostel as well as the Mess. - 27 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS For functioning of Hostels as well as the Mess, no independent authority has been given to the so-called warden and the post of warden is a non-existing and self- created post. The post carries honorarium with no extra remuneration. However, the Institution's Mess is run by the Students Committee. The cheque, if any issued is on the basis of the instructions from the Union in view of several complaints from the students regarding utilisation of funds in the account of Mess Committee, independently maintained by respective Bank i.e. the State Bank of India, Mysore Medical College, Mysore. Therefore, no sanctity can be attached to the issuance of the certificate or payment, if any made. 4.8 Learned counsel further contends that the bank statement is also not the document showing the proof of salary from the Institution. It is only the account of a concerned person i.e. workmen, in his account showing the receipt of salary. It is not known as to who has paid the salary and does not evidence the fact of payment of - 28 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS salary by the Institution. Therefore, the proof of account statement, if any, does not carry significance. 4.9 It is also contended by learned counsel for Institution that the wardens as stated above, are only the facilitators in day-to-day activities of the Hostels/Mess, including maintaining the Rules, discipline of Hostels. Providing food is not the responsibility of the warden or Mysuru Medical College and Research Institute. 4.10 Learned counsel further contends that the students in the different Hostels have, on their own, electing members amongst themselves and have created a nomenclature as Mess Committee in order to run the Mess for a period of one month perfectly. The Mess Committee is therefore independent of the students. However, the student Committee continues to be the same, operated by authorised person of students or warden as the case may be and the same is operated only by the accounts of the students. It is further contended by learned counsel that no amount is remitted from the Institution or from the - 29 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS Government to the account of the salary of the workmen, who are claiming herein as regular employees. 4.11 It is further contended by learned counsel for Institution that the Mess Committee President would be informing the Warden about various commodities like LPG gas for which cheque would be issued. For the day-to-day work, the Committee and the Students will employ private persons as cooks and other workers. The workers are taken and issued a letter as domestic workers by the students not given appointment order thereof, either by the students or the Institute namely, Mysore Medical College or research Institute. Learned counsel further contends that the workers are controlled by the Mess Committee and they are only claiming the advantage of the same and somehow wanted to sneak into the employment of the Institution and receive salary with intent to secure permanent status as employees in the Institution. The same cannot be permitted as apparently, the workers are not belonging to the Institution and no - 30 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS certificate or appointment letter or employment is issued by the Institution to these workers. 4.12 It is further contended by learned counsel for Institution that the Wardens are only supervising the Mess or Hostel and they have no power to appoint or issue certificates to the workers and any such documents that are produced are only concocted and not authenticated document issued by the Institution. He further contends that on the basis of such certificates or employment orders, no relief would be granted or awarded to the workers. He also contends that the workmen have misutilised on the basis of humanitarian grounds and some of the wardens have issued certificates and in view of the above, they have been doing some work which cannot be said to be a permanent work or permanent employment of the Institution so as to consider them as employees of the Institution. 4.13 Learned counsel further contends that the workmen have played fraud, misrepresentation and - 31 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS therefore, they cannot allowed to be reinstated as there is no privity of contract with the Institution. It is also contended by the learned counsel that some of the certificates produced by the workers do not have the seal or name of even the Warden written on the certificate, which raises suspicion about the authentication of the issuance of certificate. Therefore, he contends that when there are several lacunas in the claim made by the workmen without there being proper authorized, authenticated documents, the same cannot be relied. Learned counsel further contends that despite not producing any authentic cogent material before the Labour Court, the same has been appreciated in favour of the workmen and an order has been extended giving benefit of reinstatement to the workmen, which is illegal and arbitrary. 4.14 Learned counsel further contends that the account details produced by the workmen have been created by the Mess Committee of the Students amounts - 32 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS deposited in the Bank in their account, the said amount does not belong to the Institution. The amount of FPF is by the Hostel on humanitarian basis and the same is from the Hostel Fund of the Students and not from the source of the Institution namely, Mysore Medical College or Research Institute. Therefore, when the Institution has not employed and no funds are given for running the Hostel, no salary is paid by the Institution to the workmen and these workmen cannot be considered as employees of the Institution. Accordingly, the order of reinstatement passed by the Labour Court is illegal, arbitrary and the same requires to be set aside and quashed. On the basis of these submissions, learned counsel for Institution seeks to set aside the award passed by the Labour court and consequently, quash the same as it is illegal and arbitrary. 4.15 Learned counsel for Institution has relied on the following citations in support of his case: i) Rafiq and Anr. Vs. Munshilal and Anr. reported in 1981 AIR 1400 & 1981 SCR(3) 509; - 33 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS ii) Asst. Engineer, Rajasthan Dev. Corp. & Anr. Vs. Gitam Singh reported in (2013)2 SCT 30; iii) Anil Sood vs. Presiding Officer, Labour Court reported in 2001(89) FLR 229; iv) M/s.Tech Mahindra Limited vs. Mr.Ajay Bhagat in W.P.No.48632/2013 [Decided on 31.10.2013]; v) The A.C.C. Limited vs. Sri Vijaykumar reported in W.P.No.83684/2009 [Decided on 22.04.2015]; vi) M.D., Karnataka Handloom Dev. Corpn. Ltd. vs. Sri Mahadev Laxman Raval in Appeal (civil) 3251/2005 [Decided on 16.11.2006]; 5. Per contra, Sri V.S.Naik, learned counsel for the workmen that the based on the materials placed before it, which are appreciated and on the strength of the claim statement, the documents produced and the evidence adduced, an award has been passed by the Labour court directing the Institution to reinstate the workmen to the Institution namely, the Hostel/Mess and also provide continuity of service and all consequential benefits and has - 34 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS rightfully held that the refusal of employment by the Institution is bad, illegal and unjust. 5.1 Learned counsel for workmen further contends that there is absolutely no error committed by the Labour Court to warrant interference of this Court in the writ jurisdiction. He also contends that the award passed by the Labour Court is in conformity with required Rules, Statutes and also based on the facts and circumstances of the case. Therefore, the same needs to be confirmed by dismissing this petition and the Institution needs to be directed to quickly implement the order and continue the services of the workmen in the Institution. 5.2 Learned counsel further contends that the workmen are permanent workmen of the Institution. The evidence adduced by the workmen are unchallenged and there is no rebuttal of evidence by the Institution, in view of the factual aspects that the Labour Court has rightfully held refusal of employment by the Institution to be bad - 35 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS and hence, allowed the claim petition of the workmen and directed the Institution to reinstate the workmen. 5.3 It is also contended that the Labour Court denied backwages on the principle of 'no work-no wage' and the workmen are entitled to continuity of services and all consequential benefits from the date of filing of the petition. It is further contended by the learned counsel for the workmen that the Institution has not denied the working of the workmen in the students Hostel/Mess. The only contention taken up by the Institution is that the Hostel/Mess is run by the students and not by the Institution. This is very hard to accept as the Institution has not produced any material to show that the Hostel was not part of the Institution and it is a separate legal entity. The Institution has also not produced or placed any document to support their claim to set aside the award of the Labour Court. Therefore, the Labour Court on the basis of the materials placed before it, both oral and documentary, has rightfully come to a conclusion that the - 36 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS workmen have established and proved their case with regard to their employment and working in the Hostel and the Mess in the Institution. Consequently, learned counsel for workmen contended that there is absolutely no merit in the petition filed by the Institution and accordingly, has sought to dismiss the petition with exemplary cost, so also for a direction to the Institution to immediately reinstate the workmen to the respective posts and comply with the orders passed by this Court with regard to payment of wages as contemplated under Section 17B of the Industrial Disputes Act, 1947 (for short, 'the Act'). 5.4 Learned counsel further contends that during the course of the hearing of this petition, learned counsel for Institution has filed several documents in support of their case to show that the Institution is not involved in running the Hostel/Mess and it is only the Students Union, which has been running the Hostel and Mess and the President, the Secretary and the Members of the Hostel/Mess are running the Hostel and the Mess, out of their own funds. - 37 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS Therefore, the Institution has nothing to do with several documents that are placed by them before this Court and a copy of which has been given to the learned counsel for workmen. 5.5 Learned counsel for workmen has also relied on the following citations in support of his case: i) Hussainbhai v. Alath Factory Thezhilali Union reported in (1978)4 SCC 257; ii) Secy., H.S.E.B. v. Suresh reported in (1999) 3 SCC 601; iii) Indian Overseas Bank v. I.O.B.Staff Canteen Workers' Union reported in (2000) 4 SCC 245. 6. Having heard learned counsel for Institution and learned counsel for workmen, the points that would arise for consideration before this Court are: "1) Whether the Institution has made out a case to show that the order/award passed by the Labour Court is illegal, arbitrary and the same requires to be quashed? 2) Whether the award passed by the Labour Court is to be sustained and justifiable in law? - 38 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS 3) What order?" 7. On careful perusal of the materials placed before the Court, the arguments addressed by learned counsel for Institution as well as learned counsel for workmen, it is seen that these workmen have been working in the Hostel/Mess for several years and they have also been paid salary/wages for their services rendered in the Hostel/Mess. The question here is whether these workmen were employed by the Institution or whether they are the employees of a separate entity namely, the Students Union Hostel/Mess Committee, which is alleged to be distinct and separate from that of the Institution. As stated earlier, it is not in dispute that these workmen have been working in the Hostel/Mess, but the contention has been raised by the Institution that those workmen are not employed by the Institution, whereas they are employed under the Students Union Hostel/Mess Committee, which is a separate entity and thereby they would not come within the purview of employment of the Institution for the - 39 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS Institution to be liable to pay any salary or the award that is passed for reinstatement of their employment. 8. In this aspect, it would be relevant to extract the provisions of section 2(s) of the Act for better understanding, which reads as under: 2. Definitions xxxxxxxxxxxxxxx (s) “workman” means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or, as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person— - 40 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding ten thousand rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature." 9. It would also be relevant to extract para-5 of the judgment of the Hon'ble Apex Court in the case of Hussainbhai stated supra, which reads as under: "5. The true test may, with brevity, be indicated once again. Where a worker or group - 41 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS of workers labours to produce goods or services and these goods or services are for the business of another, that other is, in fact, the employer. He has economic control over the workers' subsistence, skill, and continued employment. If he, for any reason, chokes off, the worker is, virtually, laid off. The presence of intermediate contractors with whom alone the workers have immediate or direct relationship ex contractu is of no consequence when, on lifting the veil or looking at the conspectus of factors governing employment, we discern the naked truth, though draped in different perfect paper arrangement, that the real employer is the Management, not the immediate contractor. Myriad devices, half- hidden in fold after fold of legal form depending on the degree of concealment needed, the type of industry, the local conditions and the like may be resorted to when labour legislation casts welfare obligations on the real employer, based on Articles 38, 39, 42, 43 and 43-A of the Constitution. The court must be astute to avoid the mischief and achieve the purpose of the law and not be misled by the maya of legal appearances." - 42 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS 10. As stated earlier, during the course of arguments, learned counsel for Institution has filed an application under Section 151 CPC along with several documents ranging to about more than 200 pages to show that the workmen were not employed under the Institution and they were separately working on a contract basis with the Students Union Hostel/Mess Committee, which is a separate entity by producing their salary and other letter of appointment, notices and wages. Therefore, in view of these several documents that are produced by the Institution, the same undoubtedly cannot be appreciated by this Court, as this Court is not sitting in the Appellate jurisdiction to appreciate and provide finding on these documents, which are produced for the first time before this Court and the Labour Court was not privy to these documents. 11. On careful perusal of aforementioned judgments relied upon by learned counsels for parties, it is seen that the Labour Court will have to permit the Institution to - 43 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS place all these documents which are presented before this Court for the first time and permit the Institution as well as the workmen to adduce further evidence, if any and consider those documents, the Labour Court to pass orders thereafter. 12. It is also relevant for the Labour Court to look into the aspect of legitimate expectation, so also the Labour Court will have to look into the doctrine of lifting the veil and come to a proper conclusion by providing suitable and reasonable opportunities to all the parties involved in these batch of petitions. 13. In view of the above, this Court is of the opinion that it would not be appropriate for this Court to interfere with the findings of fact and also appreciate or entertain the additional facts which are placed before this Court along with an application, which goes into the root of the matter. Therefore, it would be appropriate to direct the Labour Court to accept all these documents, which are placed by the Institution and adjudicate the matter in - 44 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS accordance with law. It is also relevant to make a note that the Labour Court would have to deal with the issue of term of appointment or appointees as claimed by the Institution in few cases and deal with the same in accordance with law, which is the contention of the learned counsel for Institution, though the same is controverted by learned counsel for workmen. 14. Accordingly, I pass the following: ORDER i) These petitions are disposed off; ii) The impugned orders passed by the Labour Court are set-aside. iii) The matters are remitted back to the Labour Court, Mysore for fresh adjudication; iv) In the cases, where the Institution has made payment of wages as contemplated under Section 17B of the Act, the same shall be continued till disposal of the proceedings before the Labour Court; - 45 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS v) In the cases, where payment of wages as contemplated under Section 17B of the Act has not been made, the same shall be paid from the date of enforceability of the award; vi) However, payment of wages as contemplated under Section 17B of the Act shall be made to all the workmen till completion of the proceedings by the Labour Court; vii) In the alternative, the Institution is at liberty to take back the workmen to duty. However, the Institution shall make good the payment of wages as contemplated under Section 17B of the Act till the date of taking back the workmen to duty; viii) The Labour Court shall decide the matters expeditiously, preferably within a period of four months from the date of receipt of a copy of this order; ix) It is made clear that the Institution shall comply with the directions issued by this Court. Further, - 46 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS it shall act as a pre-condition before proceeding to the Labour Court; x) All contentions of the Institution and the workmen are kept open; xi) Learned counsel for Institution has filed an application in IA.No.1/2025 under Section 151 of CPC with several documents running into 217 pages. According to the Institution, it is not at all liable to any of these workmen as they are not employed under the Institution and in cases, viz., W.P.Nos.9741/2021, 13893/2023, 11595/2021 and 12509/2023, the workmen are the term appointees and therefore, after the completion of the term, the workmen shall not be entitled for any appointment, which is seriously objected to by the learned counsel for workmen. These aspects have to be agitated, established and proved in accordance with law after considering both oral and documentary evidence before the Labour Court. Accordingly, IA.No.1/2025 is allowed. - 47 - HC-KAR NC: 2025:KHC:38832 WP No. 30064 of 2018 C/W WP No. 25849 of 2015 WP No. 25855 of 2015 AND 10 OTHERS xii) The Labour Court, taking into consideration the documents produced along with IA.No.1/2025, shall pass an appropriate order; xiii) All contentions of the parties are kept open. Pending Interlocutory Applications, if any, pales into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 1 Sl No.: 22