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2026 DAILYLAW 35448 (KAR)

TD POWER SYSTEMS WORKERS UNION v. THE SECRETARY

WP/16058/2025 · 2026-08-17

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010291432025 NC: 2026:KHC:43861 WP No. 16058 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 16058 OF 2025 (L-RES) BETWEEN: TD POWER SYSTEMS WORKERS UNION, (REGISTERED UNDER TRADE UNION ACT), C/O. TRADE UNION OFFICE, NO.172/2, GROUND FLOOR, 7TH CROSS, 4TH MAIN, CHAMARAJPET, BENGALURU - 560 018, REPRESENTED BY IT'S GENERAL SECRETARY, SRI. UMESHA G.J., …PETITIONER (BY SRI. RAVI SHANKAR B., ADVOCATE) AND: 1. THE SECRETARY LABOUR DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU - 560 001. 2. M/S. TD POWER SYSTEMS LIMITED, (A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956) REGISTERED OFFICE AND FACTORY 27, 28 AND 29, KIADB INDUSTRIAL AREA, DABASPET, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, BENGALURU-562111, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010291432025 NC: 2026:KHC:43861 WP No. 16058 of 2025 REPRESENTED BY IT'S COMPANY SECRETARY MR. BHARAT RAJWANI. …RESPONDENTS (BY SRI. B.J.ESHWARAPPA, AGA FOR R1; SRI. S.N.MURTHY, SENIOR COUNSEL FOR SMT. ROOPASRI S., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Ravishankar B., counsel for the petitioner; Sri.B.J.Eswarappa, Additional Government Advocate for respondent No.1; and Sri.S.N.Murthy, Senior counsel on behalf of Smt.Roopasri S., for respondent No.2, appeared in person. 2. This petition is filed seeking the following reliefs: (a) Quash the endorsement bearing No—LD 42 IDM 2025, dated 15.04.2025, issued by the first respondent, appended herein as Annexure-A. (b) Issue a writ of mandamus directing the first respondent to refer the additional charter of - 3 - HC-KAR CNR: KAHC010291432025 NC: 2026:KHC:43861 WP No. 16058 of 2025 demands dated 07.03.2024, appended herein as Annexure-E, to the Industrial Tribunal, Bangalore, for adjudication. (c) Alternatively direct the first respondent to issue a corrigendum and refer the additional charter of demands dated 07.03.2024 to the Hon'ble Industrial Tribunal in I.D.No.452/2024, for adjudication. (d) Grant such other reliefs as this Hon'ble Court deems fit in the circumstances of the case, to meet the ends of justice and equity. 3. Counsel for the respective parties urged several contentions. The arguments were heard, and the papers were perused with care. 4. It is sufficient to note that the Union submitted a charter of demands on 14.03.2023 and requested it be referred for resolution. The Commissioner, in Order dated 17.12.2024, referred the demands for dispute adjudication. Later, the Union submitted another charter of demands on 07.03.2024 and requested reference again. However, the first respondent rejected this, claiming the dispute had already been referred on 17.12.2024. Therefore, the current charter of demand cannot - 4 - HC-KAR CNR: KAHC010291432025 NC: 2026:KHC:43861 WP No. 16058 of 2025 be referred for adjudication. The justification given in the endorsement is legally untenable and clearly flawed. The flaw is evident: the earlier reference pertained to the demand made on 14.03.2023, while the present request concerns the demand from 07.03.2024. Accordingly, the reasons in the endorsement cannot be justified. The endorsement at Annexure-A is therefore liable for quashing. The matter is sent back to the first respondent to reconsider and pass a suitable orders within four weeks of receiving a certified copy of this order. 5. Accordingly, the writ petition is allowed, and the endorsement dated 15.04.2025 vide Annexure-A is quashed. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 46