- 1 - HC-KAR NC: 2025:KHC:27265 WP No. 6023 of 2007 C/W WP No. 10955 of 2009 WP No. 1223 of 2010 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 6023 OF 2007 (L-RES) C/W WRIT PETITION NO. 10955 OF 2009 (L-RES) WRIT PETITION NO. 1223 OF 2010 (L-RES) WRIT PETITION NO. 16279 OF 2013 (L-RES) IN WP No. 6023/2007 BETWEEN: THE MANAGEMENT OF BATA INDIA LIMITED, BLOCK NO.474, 475, 476, 4TH PHASE, PEENYA INDL. AREA, BANGALORE - 560 058, (REPRESENTED BY PRODUCTION MANAGER) …PETITIONER (BY SRI PRADEEP SAWKAR, ADVOCATE) AND: WORKMEN OF BATA INDIA LTD., BATA EMPLOYEES ASSOCIATION, NO.813, NELE MAHESHWARAMMATEMPLE ROAD, PEENYA COLONY, T.DASARAHALLI, BANGALORE - 560 057, (REPRESENTED BY CHAIRMAN). …RESPONDENT (BY SRI G V P REDDY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS LEADING TO THE PASSING OF THE COMMON AWARD DT.19.2.2007, PASSED BY THE PRINCIPAL LABOUR, COURT, BANGALORE IN REFENCE NOS.2 AND 15/02 (ANN-NN) AND ETC. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27265 WP No. 6023 of 2007 C/W WP No. 10955 of 2009 WP No. 1223 of 2010 AND 1 OTHER IN WP NO. 10955/2009 BETWEEN: M/S BABA INDIA LIMITED, PLOT NO.474, 475, AND 476, 4TH PHASE, PEENYA INDUSTRIAL AREA, BANGALORE- 560 058, REP. BY ITS FACTORY MANAGER. ...PETITIONER (BY SRI PRADEEP SAWKAR, ADVOCATE) AND: WORKMEN OF BABA INDIA LTD., BATA EMPLOYEES ASSOCIATION, NO 813, NELAMAHESHWARAMMA, TEMPLE ROAD, DEVANNA COLONY, T DASARAHALLI, BANGALORE - 560 057 ...RESPONDENT (BY SRI G V P REDDY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS LEADING TO THE PASSING OF THE AWARD DT. 15.7.2008, PASSED BY THE INDUSTRIAL TRIBUNAL, BANGALORE IN I.D.NO. 138/2000, (ANNEX-W). QUASH THE AWARD DT. 15.7.2008 PASSED BY THE INDUSTRIAL TRIBUNAL, BANGALORE IN I.D.NO. 138/2000, (ANNEX-W). IN WP NO. 1223/2010 BETWEEN: WORKMEN OF BATA INDIA LTD., REPTD. BY ITS GENERAL SECRETARY, BATA EMPLOYEES ASSOCIATION, NO.813,NELE MAHESHWARAMMA TEMPLE ROAD, DEVANNA COLONY, T.DASARAHALLI, BANGALORE - 560057. - 3 - HC-KAR NC: 2025:KHC:27265 WP No. 6023 of 2007 C/W WP No. 10955 of 2009 WP No. 1223 of 2010 AND 1 OTHER ...PETITIONER (BY SRI G V P REDDY, ADVOCATE) AND: THE MANAGEMENT OF BATA INDIA LTD., PLOT NO.474, 475 & 476, 4TH PHASE, PEENYA INDUSTRIAL AREA, BANGALORE-58, REPTD BY ITS FACTORY MANAGER. ...RESPONDENT (BY SRI PRADEEP S SAWKAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE PORTION OF THE AWARD HOLDING THAT THERE WAS SHORT FALL OF NORMAL PRODUCTION IN RESPECT OF A FEW WORKMEN AND THEIR WAGES SHOULD BE DEDUCTED PROPORTIONATELY VIDE ANENXURE-A. IN WP NO. 16279/2013 BETWEEN: WORKMEN OF BATA INDIA LIMITED, REPRESENTED BY ITS GENERAL SECRETARY, D C CHIKKAGOWDA, AGED ABOUT 45 YEARS, BATA EMPLOYEES ASSOCIATION, NO.813, NELE MAHESWARAMMA TEMPLE ROAD, DEVANNA COLONY, T DASRAHALLI, BANGALORE - 560 057. ...PETITIONER (BY SRI G V P REDDY, ADVOCATE) AND: THE MANAGEMENT OF BATA INDIA LIMITED, A COMPANY REGISTERED UNDER THE INDIAN COMPANIES - 4 - HC-KAR NC: 2025:KHC:27265 WP No. 6023 of 2007 C/W WP No. 10955 of 2009 WP No. 1223 of 2010 AND 1 OTHER ACT,PLOT NOS.474,475,& 476, 4TH PHASE, PEENYA INDUSTRIAL AREA, BANGALORE-58, REPRESENTED BY ITS UNIT MANAGER, MR KUHARAN MUKHOPADHYAY. ...RESPONDENT (BY SRI PRADEEP S SAWKAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO MODIFY THE COMMON AWARD DT.19.2.2007, AS PER ANN- A PASSED BY THE PRL. LABOUR COURT IN REF.NO.2/02, & REG NO.15/02 GRANT 100% WAGES FOR THE PERIOD FROM 1.10.2001 TILL RESUMPTION OF WORK BY THE WORKMEN & DIRECT THE MANAGEMENT TO ALLOW THE FIVE WORKMEN VIZ., (a) H.G.SHANMUKHA, b)L.NAGARAJA, c) K.BDHARANI, d) B.P.RATHNAVATHI & e) M.M.VIMALA TO REPORT FOR WORK FORTHWITH WITHOUT INSISTING ON AY UNDERTAKING. THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Writ petition No.6023/2007 is filed by the petitioner/establishment challenging the award dated 19.02.2007 passed by the Labour Court in Reference No.2/2002 and 15/2002. 2. Challenging the same award dated 19.02.2007, writ petition No.16279/2013 is filed by the Union. - 5 - HC-KAR NC: 2025:KHC:27265 WP No. 6023 of 2007 C/W WP No. 10955 of 2009 WP No. 1223 of 2010 AND 1 OTHER 3. Writ petition No.10955/2009 is filed by the Management challenging the award dated 15.07.2008 in I.D. No.138/2000 and writ petition No.1223/2010 is filed by the Union challenging the very same award. 4. It is submitted that the petitioner and Union have entered into settlement and the joint memo is filed reporting settlement. The joint memo is signed by the establishment as well as the Union. 5. Representative for the petitioner/management namely the Group Manager, Legal, is present before the Court and he has signed the compromise petition. On behalf of respondent/Union, the duly authorised Secretary has signed the Joint Memo. 6. The terms of the settlement are as under:- "TERMS OF COMPROMISE 1. That Bata Employees' Association (Trade Union representing workmen of Bata India Limited in these proceedings) has agreed to receive a sum of Rs.85,000/- (Rupees Eighty Five Thousand - 6 - HC-KAR NC: 2025:KHC:27265 WP No. 6023 of 2007 C/W WP No. 10955 of 2009 WP No. 1223 of 2010 AND 1 OTHER Only) as ex-gratia/compensation in respect of 85 Workmen in full and final settlement of all their demands/disputes/issues involved in Ref:2 & 15/2002 and Ref:138/2000 resulting in awards dated 19.02.2007 and 15.07.2008 respectively. 2. That the Management of Bata India Limited has agreed to pay a sum of Rs.85,000/- (Rupees Eighty Five Thousand Only) as ex- gratia/compensation in respect of 85 Workmen in full and final settlement of all the demands/disputes/issues involved in Ref:2 & 15/2002 and Ref:138/2000 resulting in awards dated 19.02.2007 and 15.07.2008 respectively. 3. The Parties have identified the 85 Workmen who are entitled to receive ex-gratia/compensation Rs.85,000/- as per list attached to the this joint memo as ANNEXURE-I. Further the parties agree that out of the said compensation of Rs.85,000/- a sum of Rs.8,500/(Rupees Eight Thousand Five Hundred Only) representing 10% of the amount of compensation shall be paid to the Trade Union-Bata Employees' Association through a/c payee cheques/DD/pay order and the remaining 90% i.e., Rs.76,500/- (Rupees Seventy-Six Thousand Five Hundred Only) shall be paid by the Management to the 85 Workmen - 7 - HC-KAR NC: 2025:KHC:27265 WP No. 6023 of 2007 C/W WP No. 10955 of 2009 WP No. 1223 of 2010 AND 1 OTHER shown in Annexure-I by individual a/c payee cheques/DD/pay order. 4. That the parties further state that the said amount of Rs. 85000/- per Workman for 85 Workmen is spread over towards payment of backwages/ex-gratia/compensation for the period of lockout and reopening/ workmen reporting for work, between 08.03.2000 and 11.09.2003 (when the Labour Court dismissed the interlocutory application seeking interim relief and subsequently workmen reported for work) and consequently no TDS is attracted in view of the judgement of the Supreme Court of India in the case of Sundaram Motors Pvt. Ltd., vs Ameerjan reported in AIR 1985 SC 144. 5. That the Management has this day paid a sum of Rs 65,02,500/- (Rupees Sixty-Five Lakhs Two Thousand Five Hundred only) to 85 Workmen @ Rs.76,500/- each through a/c payee DD issued by HDFC Bank Ltd., payable at par at any branch in India. Copies of the DDs are attached herewith as ANNEXURE-II. Further the Management has also paid a sum of Rs.7,22,500/- (Rupees Seven Lakhs Twenty Two Thousand Five Hundred Only) @ 10% of Rs. 85,000/- for 85 Workmen as Trade Union Fees to - 8 - HC-KAR NC: 2025:KHC:27265 WP No. 6023 of 2007 C/W WP No. 10955 of 2009 WP No. 1223 of 2010 AND 1 OTHER Bata Employees' Association by through a/c payee DD issued by HDFC Bank Ltd., payable at par at any branch in India. Copies of the DDs are attached herewith as ANNEXURE-II. 6. That Bata Employees' Association accepts the aforesaid amount referred to in para 5 in full settlement of all the disputes of Workmen of Bata India Limited in respect of all their demands/disputes/issues involved in Ref:2 & 15/2002 and Ref:138/2000 resulting in awards dated 19.02.2007 and 15.07.2008 respectively and confirm that no further amounts are due to the Workmen in that behalf. However, it is made clear that it will not affect the legal rights in of H. G Shanmukha, L. Nagaraja, K. B Dharani, B.P Ratnavathi and M.M Vimala in respect of any other legal claim against the Management which can be agitated separately, if permitted by law. The Bata Employees' Association undertake to handover the DDs to the 85 Workmen and file a compliance report with acknowledgment to this Hon'ble Court after furnishing a copy of the Management. However, in respect of those Workmen who are not traceable/available, the Bata Employees' Association shall deposit the relative DDs with the Registry, High Court of Karnataka so that the - 9 - HC-KAR NC: 2025:KHC:27265 WP No. 6023 of 2007 C/W WP No. 10955 of 2009 WP No. 1223 of 2010 AND 1 OTHER concerned Workmen can claim the same after furnishing proper identification. 7. That the parties further agree and submit that an amount of Rs.10,17,487 (Rupees Ten Lakhs Seventeen Thousand Four Hundred and Eighty- Seven Only) lying in deposit shall be returned/refunded back to the management by the Registry, High Court of Karnataka along with accumulated interest. Further, it is also submitted that any other deposit made by the Management in the aforesaid cases as on date shall also be refunded back to the Management with accumulated interest. 8. After negotiations, the Trade Union placed the terms of settlement for acceptance before a Special Meeting and a Resolution was passed authorizing the General Secretary to accept the same, sign the joint memo and receive the DDs on behalf of 85 workmen. That the Parties submit that the terms and conditions of this compromise are legal and proper and worthy of acceptance. WHEREFORE the parties pray that this Hon'ble Court may be pleased to accept this Joint Memo of Compromise and dispose of the Writ Petitions by modifying the awards in terms of this Compromise relating to Ref:2 & 15/2002 and Ref:138/2000 resulting - 10 - HC-KAR NC: 2025:KHC:27265 WP No. 6023 of 2007 C/W WP No. 10955 of 2009 WP No. 1223 of 2010 AND 1 OTHER in awards dated 19.02.2007 and 15.07.2008 respectively, in the interest of justice and equity." 7. As agreed in the joint memo, the Demand Drafts are issued in favour of the respondent/Union. Learned counsel for respondent/Union acknowledges the receipt of Demand Drafts. 8. It is also agreed in terms of the settlement arrived at between the parties, that payment payable to the members of the Union shall have to be reported to this Court. The respondent/Union shall report compliance of the terms and conditions relating to payment of the amount payable to the members within two months from today. The compliance report shall be filed before the Registry, after serving the copy of the same to the petitioner/management. In case, the compliance report is not filed, the petitioner is at liberty to move an application for appropriate direction. - 11 - HC-KAR NC: 2025:KHC:27265 WP No. 6023 of 2007 C/W WP No. 10955 of 2009 WP No. 1223 of 2010 AND 1 OTHER 9. The amount payable as agreed is to be considered as the amount payable for the period covering from 08.03.2000 to 11.09.2003 for all practical purpose including Tax Deductions at Source. 10. This Court has gone through the terms of the compromise/settlement. The terms of the compromise /settlement are not opposed to any of the provisions of law. The impugned award is substituted in terms of the settlement arrived at between the parties. 11. The amount in deposit which is said to have been deposited by the management shall be refunded to the management along with the accrued interest as per the terms of the settlement. 12. Accordingly, the writ petitions are disposed of in terms of the joint memo dated 21.07.2025. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS/List No.: 1 Sl No.: 48