Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010502912019 NC: 2026:KHC:40077-DB WP No. 7463 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 7463 OF 2020 (L-RES) BETWEEN:
1. THE SECRETARY CENTRAL WAREHOUSING CORPORATION MADOOR UNION NO.G-4 BRIGADE LINKS 54/1 1ST MAIN ROAD, SESHADRIPRUAM BANGALORE-560 020 PRESENT ADDRESS NO.155 GAUTHAM NAGAR TUMKUR ROAD, YESHWANTHAPURA BENGALURU-560 022 …PETITIONER (BY SRI. NARAYANA SWAMY.K.B., ADVOCATE)
AND:
1. THE REGIONAL MANAGER CENTRAL WAREHOUSING CORPORATION REGIONAL OFFICE, PALLAVI COMPLEX SUBBAIAH CIRCLE MAIN ROAD, BANGALORE-560 027
…RESPONDENT (BY SRI. VISHAL JAIN., ADVOCATE)
Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010502912019 NC: 2026:KHC:40077-DB WP No. 7463 of 2020
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIAM PRAYING TO CALL FOR THE ENTIRE RECORDS IN REF.NO.2/98 ON THE FILE OF THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, BENGALURU AND GRANT THE PETITIONER THE FOLLOWING RELIEFS, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ petition has been filed by the workmen impugning the award dated 28.03.2019 passed by the Central Government Industrial Tribunal cum Labour Court in Reference No.CR/02/1998. 2. The Central Government vide order dated 30.12.1997, exercised its powers conferred by Clause (d) of Sub-section (1) and Sub-section 2(A) of Section 10 of the Industrial Disputes
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HC-KAR
CNR: KAHC010502912019 NC: 2026:KHC:40077-DB WP No. 7463 of 2020
Act, 1947 (for brevity referred to as 'the ID Act') referred the following industrial dispute for adjudications:-
"Whether the demand of Central Warehousing Corporation Mazdoor Union for regularization of 56 workmen, as contained in the demand notice, enclosed is legal and justified ? If so, to what relief the workmen are entitled ? 3. The Industrial Tribunal having examined the evidence has come to the conclusion that there is no relationship of an employee and employer between the workmen and the Central Warehousing Corporation.
The Workmen are not regularly working but they are the loaders, who are employed through the contractor with whom the Central Warehousing Corporation has entered into an agreement for supply of the loaders. If there is no relationship of the employee and employer, and the workmen have never received any payment/wages directly from the Central Warehousing Corporation, they would not come within the definition of Section 2(S) of the ID Act. 4. Having gone through the impugned award dated 28.03.2019, we do not find that there is any error of law or appreciation of evidence by the Tribunal. We therefore, find no
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HC-KAR
CNR: KAHC010502912019 NC: 2026:KHC:40077-DB WP No. 7463 of 2020
ground to interfere with the well reasoned award passed by the CGIT, thus the writ petition stands dismissed. Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
NG List No.: 1 Sl No.: 13