- 1 - HC-KAR NC: 2025:KHC:49327-DB WA No. 690 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 690 OF 2025 (L-RES) BETWEEN: 1. SMT. K SUMATHI W/O. SUKUMAR, AGED ABOUT 48 YEARS, R/AT. 2B-211, 7TH CROSS, INDIRANAGAR, KUKKIKATTE, UDUPI- 576101. …APPELLANT (BY SMT. SHWETHA NAYAK N., ADVOCATE FOR SRI. DHANANJAY KUMAR., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF LABOUR, REP BY ITS SECRETARY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU- 560001. 2. M/S HANUMAN TRANSPORT COMPANY PVT LTD, (A COMPANY REGISTERED UNDER COMPANIES ACT, 1956), REP BY ITS MANAGING DIRECTOR, OFFICE AT NO.26, BADAGABETTU, R P NO. 27, UDUPI- 576101. …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH AGA FOR R1 (V/O DATED 9/9/2025); SRI. MANJUNATH.B., ADVOCATE FOR C/R2) - 2 - HC-KAR NC: 2025:KHC:49327-DB WA No. 690 of 2025 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE PORTION OF THE ORDER DATED 19.03.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP No- 22690/2023 THEREBY QUASHING THE DIRECTIONS GIVEN BY THE INDUSTRIAL TRIBUNAL, UDUPI DISTRICT TO PAY BACK WAGES WITH 6 PERCENT INTEREST PER ANNUM IN ID No- 10/2019 VIDE ANNEXURE-N DATED 28.06.2025, ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed impugning the judgment and order dated 19.03.2025 passed by the learned Single Judge in W.P.No.22690/2023(L-RES), which petition was filed by M/s. Hanuman Transport Company Private Limited assailing the award dated 28.06.2022 passed by the Industrial Tribunal, Udupi District, Udupi, in I.D.No.10/2019. - 3 - HC-KAR NC: 2025:KHC:49327-DB WA No. 690 of 2025 2. Heard Smt. Shwetha Nayak N., learned counsel appearing for the appellant, we appreciate her efforts in putting forth the case forcefully and brilliantly. 3. The parties are referred to as per their ranking in the writ petition, for the sake of convenience. 4. The appellant was dismissed from service on 25.11.2018 after conclusion of the Departmental proceedings against her. The said dismissal order came to be challenged in I.D.No.10/2019 by the appellant. The Industrial Tribunal vide award dated 28.06.2022 set aside the order of dismissal of the appellant and directed reinstatement with full back wages along with interest at the rate of 6% p.a. from the date of dismissal till the date of payment. 5. The said award came to be challenged by the employer by filing W.P.No.22690/2023(L-RES). The learned Single Judge considering the pleadings and the stand taken by the appellant workman in the cross- - 4 - HC-KAR NC: 2025:KHC:49327-DB WA No. 690 of 2025 examination as well as the evidence of ESI contribution made by the current employer of the appellant, deleted the relief in the award of the Industrial Tribunal to the extent of payment of back wages with interest at the rate of 6% p.a. However, directed the petitioner to pay two months salary preceding the date of dismissal and continue to pay the current wages as the appellant would be entitled to continuity of service and all consequential benefits. 6. It is well settled law that to claim back wages, the workman must plead that he/she has not been gainfully employed after the date of dismissal from service and must lead evidence, if there is dispute regarding the same. In the present case, in her cross-examination, she has admitted that she was employed gainfully. In the claim petition filed by the appellant before the Industrial Tribunal, she did not even plead that she was not gainfully employed. The learned Single Judge therefore, considering these facts has rightly modified the award - 5 - HC-KAR NC: 2025:KHC:49327-DB WA No. 690 of 2025 passed by the Industrial Tribunal insofar as payment of back wages with interest is concerned. 7. Having considered the submissions and the impugned judgment and order dated 19.03.2025 passed by the learned Single Judge in W.P.No.22690/2023 (L-RES), we are of the view, that it does not warrant interference. We therefore, dismiss this appeal. 8. In view of dismissal of the appeal, pending interim applications, if any, stand dismissed. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE NG List No.: 1 Sl No.: 23 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA