- 1 - HC-KAR NC: 2026:KHC:32490 WP No. 41787 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 41787 OF 2017 (L-RES) BETWEEN: M/S. SOUTHERN AUTO PRODUCTS, NO.41 A/1, PEENYA INDUSTRIAL AREA, 2ND PHASE, BENGALURU-560058. REPRESENTED BY ITS PARTNER MR. DEEPAK MALIK. …PETITIONER (BY SRI. RAVISHANKAR, ADVOCATE FOR SRI. J KANIKARAJ.,ADVOCATE) AND: 1. BENGALURU KARMIKA SANGHA, "ADARSHA NILAYA" NO.8, RAJAGOPALANAGAR MAIN ROAD, PEENYA 2ND STAGE, BENGALURU-560058. 2. STATE OF KARNATAKA, REPRESENTED BY IT'S SECRETARY, DEPARTMENT OF LABOUR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001. …RESPONDENTS (BY SRI. V.S.NAIK, ADVOCATE FOR R1; SRI. K.P.YOGANNA, AGA FOR R2) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32490 WP No. 41787 of 2017 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR FINAL HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Ravishankar., counsel on behalf of Sri.J.Kanikaraj., for the petitioner and Sri.K.P.Yoganna., Additional Government Advocate for respondent No.2 appeared in person. Sri.V.S.Naik., counsel for respondent No.1 has appeared through video conferencing. 2. The petition is filed seeking following reliefs: i. Issue a writ of certiorari or any other appropriate writ, order or direction quashing the order dated:20.07.2017 passed by the second respondent referring the dispute to the I Additional Labor Court, BENGALURU for adjudication, which is appended to the petition as Annexure-H. ii. Issue a writ of certiorari or any other appropriate writ, order or direction quashing the order dated:20.07.2017 passed by the second respondent - 3 - HC-KAR NC: 2026:KHC:32490 WP No. 41787 of 2017 prohibiting Lockout, which is appended to the petition as Annexure-J. iii. Grant such other relief/s which this Hon'ble Court may be pleased to grant in the circumstances of the case to meet the ends of justice. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 4. The M/s. Southern Auto Products was closed on 28.01.2017 permanently. It is a settled principle that whenever there is a closure of the company, the same cannot be construed as a lockout. Consequently, the assertion that a lockout exists, and the formulation of points for reference with a view to sending the matter to the Labor Court for adjudication of the dispute, is wholly untenable. For the reasons stated above, the orders are liable to be set-aside. Accordingly, it is set-aside. 5. The Writ of Certiorari is ordered. The orders dated:20.07.2017 passed by the second respondent vide Annexures-H and J are quashed. - 4 - HC-KAR NC: 2026:KHC:32490 WP No. 41787 of 2017 6. Resultantly, the Writ Petition is allowed. Because of disposal of the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. SD/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 76