- 1 - HC-KAR NC: 2026:KHC:8903 WP No. 26313 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 26313 OF 2023 (L-RES) BETWEEN: SRI. SYED AFSAR S/O LATE SYED ADBULLA, AGED ABOUT 65 YEARS, FORMER EMPLOYEE OF B.E.M.L. LTD., R/AT NO.B-14-114, 2ND FLOOR, ABBAS TOWERS, BAMBOO BAZAR, SHIVAJINAGAR, BANGALORE - 560 051 …PETITIONER (BY SRI. R.A. DEVANAND, ADVOCATE) AND: THE CHAIRMAN-CUM -MANAGING DIRECTOR BHARATH EARTH MOVERS LTD., NO. 23/1, 4TH MAIN ROAD, SAMPANGIRAM NAGAR, BANGALORE - 560 027. …RESPONDENT (BY SRI. NATARAJA BALLAL A., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO - ISSUE DIRECTION FOR APPOINTMENT OF A COMMISSIONER UNDER ORDER XXVI RULE (9) OF CPC OR UNDER AN EXTRA-ORDINARY CIRCUMSTANCES FOR COMPUTATION AND DETERMINATION Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8903 WP No. 26313 of 2023 OF MONEY DUE TO THE PETITIONER FROM SEPTEMBER 2000, BY VIRTUE OF ORDER OF LABOUR COURT IN C.R.38/2009 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER On 20.09.2024, after hearing both the learned counsel for petitioner and learned counsel for respondent, the following order was passed by this Court:- "The dispute is with regard to implementation of the award passed by the Central Government Industrial Tribunal-cum-Labour Court on 20.02.2017 in C.R.No.38/2009. By the said award the tribunal as held as under:- "The II Party is not justified in imposing penalty of reduction of one increment in the present grade pay of the I Party for the period of 2 years w.e.f. 01.10.2000 and given effect only from 01.04.2002 and consequently the II Party/management is directed to pay to the said workman Sh.Syed Afsar consequential and monetary benefits including promotion, that the said workman would have received in the absence of the impugned penalty imposed by the II Party and the present reference is - 3 - HC-KAR NC: 2026:KHC:8903 WP No. 26313 of 2023 ordered accordingly without cost for the above mentioned peculiar facts and special circumstances". 2. It appears petitioner has sought execution and implementation of the said award while doing so, he approached City Civil Court, Bengaluru by filing execution in Ex.No.1984/2017, which came to be rejected for want of jurisdiction. Petitioner had thereafter approached Central Labour Commissioner who by reply dated 30.08.2023 stated as under: "In view of the differences between the parties to the award in the calculation of the amount payable, the applicant is advised to file an application under Section 33C(2) of the Industrial Disputes Act, 1947 before the CGIT-cum-Labour Court for the determination of the amount payable. With the above observations, the proceedings in the above application is closed before the undersigned". 3. Learned counsel for the petitioner submits that since there is no regular sitting in CGIT, the parties are required to either approach the Bench at Chennai or at Hyderabad, and it is under this circumstances, petitioner is before this Court by this Writ Petition seeking appointment of a Commissioner to compute and determine the amounts payable to him in furtherance of the award stated hereinabove. 4. The petitioner by memo dated 04.04.2024 has claimed an aggregate sum of Rs.80,00,000/- payable to him. While the respondent in its response memo dated 05.07.2024 has stated that petitioner is entitled only for Rs.26,763/-. 5. In view of the aforesaid peculiar facts of the matter namely, non functioning of CGIT and the - 4 - HC-KAR NC: 2026:KHC:8903 WP No. 26313 of 2023 difference between the claims made by the petitioner and the respondent being poles apart, this Court deems it appropriate to direct the Statutory Auditor of the respondent to calculate the amounts payable to the petitioner in furtherance to the award passed by the CGIT referred to hereinabove. 6. It is made clear that, such calculation shall be made taking into consideration the increments, promotions which in normal course the petitioner would have been entitled to had there been no dispute, and shall file details along with an affidavit in that regard within four weeks from today. 7. List this matter on 21.10.2024." 2. In furtherance thereof, the respondent has filed memo of calculation. In response, their reply also has been filed by the petitioner, disagreeing to the calculation so furnished by the respondent. 3. Now, it is submitted across the Bar that the CGIT is functioning. The aforesaid order was passed under the circumstances of there being no regular sitting of CGIT. Since it is submitted that the CGIT having regular sitting, and in the light of the order passed by the Central Labour Commissioner directing the petitioner herein to file - 5 - HC-KAR NC: 2026:KHC:8903 WP No. 26313 of 2023 an application under Section 33C(2) of the Industrial Disputes Act, 1947 before the CGIT-cum-Labour Court, this Court deems it appropriate to relegate the petitioner and the respondent to approach the Central Government Industrial Tribunal-cum-Labour Court, seeking determination of amount payable. This is also for a reason that the matter pertains only with regard to the calculation of the emoluments which the petitioner may be entitled to, which is a disputed question of fact requiring determination. 4. At this juncture, the petitioner submits that the time consumed before this Court in pursuing this matter may be directed to be exempted for the purpose of calculation of limitation. 5. The respondent counsel has no objection to the same. 6. Accordingly, the following: - 6 - HC-KAR NC: 2026:KHC:8903 WP No. 26313 of 2023 ORDER The writ petition is disposed of relegating the petitioner to approach the Central Government Industrial Tribunal-cum-Labour Court, who shall dispose of the matter and the petitioner is at liberty to file an application as directed by the Central Labour Commissioner vide order dated 30.08.2023. The Central Government Industrial Tribunal-cum- Labour Court shall entertain the application without reference to the issue of limitation, proceed to pass orders on merits. Such order shall be passed within an outer limit of 90 days from the date of receipt of a certified copy of this order, affording opportunities to the parties, in the light of the lifespan which this litigation has spent since 2002. Sd/- (M.G.S. KAMAL) JUDGE PSJ List No.: 1 Sl No.: 10