KEK ENGINEERING SERVICES v. BHARATIYA PRIVATE TELECOM MAZDOOR SANGH (BMS)
WP/30503/2025 · 2026-02-17
B M Shyam Prasad
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16355 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16355 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:9465 WP No. 30503 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 30503 OF 2025 (GM-RES)
BETWEEN:
KEK ENGINEERING SERVICES NEW NO.22, 32ND D CROSS, 3RD FLOOR, JAYANAGAR 4TH BLOCK, BANGALORE 560011, COMPANY INCORPORATED UNDER THE MSME ACT ENGAGED IN THE BUSINESS OF PROVIDING SERVICES IN TELECOM NETWORK REPRESENTED BY ITS HR LEAD SRI J GANESH. …PETITIONER (BY SRI.C K SUBRAMANYA., ADVOCATE)
AND:
1. BHARATIYA PRIVATE TELECOM MAZDOOR SANGH (BMS) SANGH (BMS) STATE COMMITTEE MARAYLI LANE CHITTOR ROAD, ERNAKULAM 600032. A TRADE UNION REGISTERED UNDER TRADE UNION ACT 1926,
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:9465 WP No. 30503 of 2025
REPRESENTED BY ITS GENERAL SECRETARY. 2. REGIONAL LABOUR COMISSIOENR (CENTRAL) AND OFFICE OF THE LABOUR COMMISSIONER (CENTRAL) SHIRAM SADAN III CROSS, III MAIN, II PHASE, TUMKUR ROAD, YESHWANTHPUR, BENGALURU 560022.
…RESPONDENTS (BY SRI.ADITYA DIWAKARA., AGA FOR R2;
SMT K.S. ANUSUYA DEVI., ADVOCATE FOR R1)
THIS WP IS FILED UNDER ARTICLE 226 PRAYING TO (1) MEMBERS AND DIRECTION TO THE FIRST RESPONDENT, THEIR AGENTS, SUPPORTERS, ASSOCIATES, PATRONS, MEMBERS AND ACCOMPLICES FROM HOLDING ANY STRIKE, AGITATION, DHARNA, GHERAO, PICKETING, SLOGAN SHOUTING, WITHIN A RADIUS OF 500 METERS OF ALL THE SUB-OFFICES OF THE PETITIONER SITUATED IN THE KARNATAKA STATE AS INDICATED IN ANNEXURE-B; (II) DIRECTION TO THE FIRST RESPONDENT EITHER BY THEMSELVES OR THROUGH THEIR AGENTS, SUPPORTERS, ASSOCIATES, PATRONS, MEMBERS AND ACCOMPLICES FROM PREVENTING OR OBSTRUCTING THE EMPLOYEES, CONTRACT LABOURERS, AGENTS, CUSTOMERS, CLIENTS ETC., IN FREE INGRESS TO OR EGRESS FROM WITHIN A RADIUS OF 500 METERS OF ALL THE SUB-
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HC-KAR NC: 2026:KHC:9465 WP No. 30503 of 2025
OFFICES OF THE PETITIONER SITUATED IN THE KARNATAKA STATE AS INDICATED IN ANNEXURE-B;
(III) DIRECTION TO THE FIRST RESPONDENT OR THROUGH THEIR AGENTS SUPPORTERS, ASSOCIATES, PATRONS, MEMBERS AND ACCOMPLICES RESTRAINING THEM FROM FASTING IN FRONT OF AND WITHIN A RADIUS OF 500 METERS OF ALL SUB- OFFICES OF THE PETITIONER SITUATED IN THE KARNATAKA STATE (ANNEXURE-B); (IV) DIRECTION TO FIRST RESPONDENT AND THEIR MEMBERS NOT TO RESORT TO STRIKE AS PER THE ACTION PROGRAM CONSIDERING THE FACT THAT NO PERSON EMPLOYED IN A PUBLIC UTILITY SERVICE CAN GO ON STRIKE IN BREACH OF CONTRACT DURING THE PENDENCY OF ANY CONCILIATION PROCEEDINGS BEFORE THE CONCILIATION OFFICER; (V) DIRECT THE FIRST RESPONDENT THAT PENDING DISPOSAL OF THE WRIT PETITION, TO INITIATE NECESSARY ACTION BY INVOKING STATUTORY PROVISIONS UNDER THE INDUSTRIAL DISPUTES ACT 1947 IN ORDER TO PREVENT THE FIRST RESPONDENT AND THEIR MEMBERS FROM RESORTING TO VARIOUS ACTS AS PLANNED BY THEM IN THE LIGHT OF THE GAZETTE NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT, DECLARING THE PETITIONER INDUSTRY AS "PUBLIC UTILITY SERVICE" UNDER SEC.2(N) (VI) OF THE I.D.
ACT 1947.
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HC-KAR NC: 2026:KHC:9465 WP No. 30503 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
Sri C.K.Subramanya, the learned counsel who appears on behalf of Sri B.C.Prabhakar, the learned counsel on record for the petitioner, files a memo for withdrawal stating that the petition is rendered infructuous, which reads as under:
"The petitioner above named seeks the leave of this Hon'ble Court to withdraw the above Writ Petition since the same has become infructuous."
The memo is accepted, and the petition is dismissed as having become infructuous. Sd/- (B M SHYAM PRASAD) JUDGE
SA ct:sr