INDIAN COFFEE WORKERS CO OPERATIVE SOCIETY LIMITED v. THE DEPUTY LABOUR COMMISSIONER
WP/7797/2024 · 2025-10-14
Jyoti Mulimani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56633 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56633 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:40571 WP No. 7797 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 7797 OF 2024 (L-PG) BETWEEN INDIAN COFFEE WORKERS CO-OPERATIVE SOCIETY LIMITED, UNIT NO.37 AND 38, 19, BRIGADE GARDENS, CHURCH STREET, BENGALURU - 560001.
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER SRI. B.H. HANUMANTHAIAH. …PETITIONER (BY SRI. SWAMY N.B.N., ADVOCATE) AND:
1.
THE DEPUTY LABOUR COMMISSIONER, DIVISION NO.04, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU - 560029.
2.
THE SENIOR LABOUR INSPECTOR, OFFICE OF THE LABOUR COMMISSIONER 41ST CRICLE, DIVISION NO.02, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU - 560029.
3.
SRI. N.H.LAKSHMAN GOWDA, SON SRI. HANUME GOWDA, AGED ABOUT 62 YEARS, RESIDING AT NO.79, 3RD CROSS,
Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:40571 WP No. 7797 of 2024
1ST MAIN ROAD, S.V.G. NAGAR, MUDULAPALYA, BENGALURU - 560072.
4.
THE SPECIAL TAHSILDAR, BENGALURU NORTH TALUK, KANDHAYA BHAVANA, GROUND FLOOR, DISTRICT OFFICES ROAD, BENGALURU - 560009. …RESPONDENTS (SRI.RAJENDRA.K.R., AGA FOR R1, 2 AND 4;
SRI.L.MURALIDHAR PESHWA., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY AN ORDER IS MADE AS UNDER:
ORAL ORDER Sri.Swamy.N.B.N., counsel for the petitioner, Sri.Rajendra.K.R., AGA for respondents 1, 2 and 4 and Sri.L.Muralidhar Peshwa., counsel for respondent No.3 have appeared in person.
2. The
order dated 21.04.2023 passed by the Controlling Authority vide Annexure-D is called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition.
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HC-KAR NC: 2025:KHC:40571 WP No. 7797 of 2024
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the Writ papers with care.
4. It is significant to note that Article 226 is not intended to circumvent statutory procedures. When a right or liability is created by a statute which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before seeking the discretionary remedy under Article 226. The law is also well settled that a petition under Article 226 should not be entertained unless the statutory remedies are ill-suited to meet the demands of an extraordinary situation. Suffice it to note that as against the final order passed by the Controlling Authority, a statutory remedy of filing an appeal lies before the Appellate Authority. Hence, I decline to exercise power under the Writ jurisdiction. If at all the petitioner has any grievance, the petitioner may take recourse under the law seeking appropriate relief before the appropriate Forum subject to the law’s permission, if so advised.
5. Resultantly, the Writ Petition is dismissed.
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HC-KAR NC: 2025:KHC:40571 WP No. 7797 of 2024
Because of dismissal of the Writ Petition, pending interlocutory applications if any are disposed of and interim direction if any stands discharged.
Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 33.2