TRACTORS AND FARM EQUIPMENT WORKERS UNION (KO) (R) v. THE LABOUR COMMISSIONER AND
WP/10668/2023 · 2025-11-17
Jyoti M
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89184 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89184 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:46970 WP No. 10668 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 10668 OF 2023 (L-RES) BETWEEN:
TRACTORS AND FARM EQUIPMENT WORKERS UNION (KO) (R), REPRESENTED BY ITS PRESIDENT, NO.51, BAGALAGUNTE, BEHIND SHOOTING BUNGLOW, HAVANUR EXTENTION, NAGASANDRA POST, BENGALURU – 560073.
TRADE UNION REGISTERED UNDER THE TRADE UNION ACT, 1926. …PETITIONER (BY SMT. MAITREYI KRISHNAN, ADVOCATE)
AND:
1.
THE LABOUR COMMISSIONER AND AUTHORITY UNDER THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 GOVERNMENT OF KARNATAKA, DEPARTMENT OF LABOUR, KARMIKARA BHAVANA, BANNERGHATTA ROAD, BENGALURU - 560 029.
2.
MANAGEMENT OF M/S. TRACTORS AND FARM EQUIPMENT LTD., REGISTED UNDER THE TRADE UNION ACT, 1926 FLAT NO.1, KIDB INDUSTRIAL AREA, DODDABALLAPURA, BENGALURU RURAL- 561203.
REPRESENTED BY SRI. SATISH SINGH,
Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:46970 WP No. 10668 of 2023
GENERAL MANAGER (DR-O) OF M/S. TRACTORS AND FARM EQUIPMENT LTD.,
…RESPONDENTS (BY SRI. K.P.YOGANNA, AGA FOR R1;
SRI. S.M.MURTHY, SR. ADVOCATE FOR SRI. SOMASHEKAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Smt.Maitreyi Krishnan., counsel on behalf of Sri.A.J.Srinivasan., for the petitioner, Sri.K.P.Yoganna., AGA for respondent No.1 and Sri.S.N.Murthy., Senior counsel on behalf of Sri.Somashekar., for respondent No.2 have appeared in person.
2. The order dated:20.02.2023 passed by the first respondent vide Annexure-A is called into question in this Writ Petition on several grounds as setout in the Memorandum of Writ Petition.
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HC-KAR NC: 2025:KHC:46970 WP No. 10668 of 2023
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the Writ papers with care.
4. The principle ground on which this Court is asked to quash Annexure-A is that the Clause No.12 of the standing
order which has not properly quoted by the Labor Commissioner and has erroneously proceeded to pass the
order. The order passed by the Labor Commissioner is furnished along with the Writ Petition and the same is marked as Annexure-A. It is dated:20.02.2023. The Labor Commissioner has quoted Clause No.12 of the standing order in page No.3 and a perusal of the same would reflect that "within the State of Karnataka" is missing. The quoting of the Clause No.12 is not done properly, hence, matter requires a remand. The order dated:20.02.2023 is liable to be quashed. The Labor Commissioner is directed to take note of Clause No.12 properly and then proceed in the matter, in accordance with the law and pass orders on the merits of the case as expeditiously as possible within three months from the receipt of certified copy
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HC-KAR NC: 2025:KHC:46970 WP No. 10668 of 2023
of this order. This Court has not expressed any opinion on the merits of the case. All the contentions of the parties are kept open.
5. The Writ of Certiorari is ordered. The order dated:20.02.2023 passed by the first respondent vide Annexure-A is quashed.
6. Resultantly, the Writ Petition is allowed and remanded. Because of disposal of the Writ Petition, pending interlocutory applications if any are disposed of and interim direction if any stands discharged.
SD/-
(JYOTI M) JUDGE MRP List No.: 1 Sl No.: 36