- 1 - HC-KAR NC: 2026:KHC:3069 WP No. 52144 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 52144 OF 2019 (L-RES) BETWEEN: M/S MACH AERO COMPONENTS PRIVATE LIMITED, NO.27B, DODDABALALPUR INDUSTRIEAL AREA, BANGALORE RUAL DISTRICT-203, REPRESENED BY ITS DIRECTOR. …PETITIONER (BY SRI M R C RAVI, SENIOR COUNSEL FOR SRI RAMACHANDRAN, ADVOCATE) AND: MACH AERO COMPONENTS WORKERS UNION NO.49/50, 1ST CROSS, 5TH MAIN ATTOR LAYOUT, YELAHANKA NEW TOWN, BANGALORE-560064. REP.BY ITS GENERAL SECRETARY …RESPONDENT (BY SRI L MURALIDHAR PESWA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE AWARD DATED 17.08.2019 IN AID NO.42/2014 PASSED BY THE PRESIDING OFFICER, ADDITIONAL INDUSTRIAL TRIBUNAL, BANGALORE VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3069 WP No. 52144 of 2019 ORAL ORDER Heard the learned Senior counsel appearing for the petitioner-Management and the learned counsel appearing for the respondent-Union. 2. This petition is filed assailing the award dated 17.08.2019. In terms of the said award, the Industrial Tribunal has allowed the claim made by the first party Union in part. Consequently, the charter of demands dated 11.12.2014 is partly allowed, providing for enhancement of salary at the rate of Rs.6,000/- per month as against the demand of Rs.12,000/- per month. 3. The award also directs that the workmen are entitled to enhancement of house rent allowance to the extent of Rs.2,000/- per month from the date of the award. The claim relating to conveyance allowance is rejected on the premise that the Management has provided transport facility. The impugned award also holds that the enhancement provided in the award shall come into effect from 01.01.2018. - 3 - HC-KAR NC: 2026:KHC:3069 WP No. 52144 of 2019 4. The Tribunal has also held that the Management is justified in not considering the other charter of demands made by the respondent-Union on the premise that they are not legitimate and legal. 5. Learned Senior Counsel appearing for the petitioner-Management would urge that the charter of demands was for the period 2013 to 2016, however, the Tribunal has gone beyond the scope of reference and has granted part of the demands with effect from 01.01.2018 which was beyond the scope of reference. 6. In addition, it is also submitted that the comparable wages and facilities provided by similarly placed industries are not taken into account while passing the impugned award. 7. It is also submitted that in the year 2017, there was a settlement between the petitioner- Management and one of the Unions of the workers and in terms of the said settlement, the benefit is given and the workers have accepted the benefit and that settlement is also not taken - 4 - HC-KAR NC: 2026:KHC:3069 WP No. 52144 of 2019 into consideration and if the impugned award is given effect to, the petitioner- Management will sustain huge financial loss and unable to run the industry. 8. Learned counsel for the respondent-Union would urge that the settlement arrived at between the petitioner- Management and another Union is not binding on the respondent-Union and the Tribunal did not confer the benefit with effect from 2013 which was required to be granted. 9. Learned counsel for the respondent-Union would submit that the charter of demands was for the period 01.01.2013 to 2016 and the Tribunal has denied the benefit for the said period by holding that the award will come into effect from 01.01.2018. 10. Learned counsel would also submit that respondent -Union had the cause of action to challenge the award, as the said award has denied the benefit payable to the workmen. - 5 - HC-KAR NC: 2026:KHC:3069 WP No. 52144 of 2019 11. It is also urged that the settlement referred to by the petitioner is a settlement with the Welfare Committee and the respondent-Union has not authorised Welfare Committee to enter into said settlement. Said Welfare Committee has no legal existence and settlement if any, should have taken place with the Union. And without Union being a party to the settlement, the said settlement does not bind the respondent. 12. By way of reply learned Senior Counsel would urge that all the workers of the petitioner-Establishment were the members of the Welfare Committee and all of them have received the benefit of the decision taken in the presence of Welfare Committee, as such the decision binds the workmen. 13. The Court has considered the contentions raised at the Bar and perused the records. 14. Admittedly, the charter of demands was raised for the period 2013 to 2016. The point for reference framed by the Government would also cover the issue relating to the - 6 - HC-KAR NC: 2026:KHC:3069 WP No. 52144 of 2019 charter of demands for the period 2013 to 2016. However, as can be seen from the impugned award, the charter of demands is partly accepted and the Tribunal holds that the charter of demands partly accepted by the Labour Court would be effective with effect from 01.01.2018 for which there was no demand at all. 15. And it is also noticed that the Tribunal while passing the award has not discussed the effect of the documents referred to by the petitioner which are marked before the Tribunal. The award in case confirmed, would deprive the benefit to be conferred on the workmen for the period 2013 to 2016. Apparently, the Tribunal has gone beyond the scope of the reference. 16. It is submitted that the petitioner has paid the benefit flowing from the decision taken in the Welfare Committee meeting and if at all any part of the charter of demands is to be accepted by the Tribunal, then the benefit conferred in terms of the said decision in the meeting held in - 7 - HC-KAR NC: 2026:KHC:3069 WP No. 52144 of 2019 the presence of the Welfare Committee shall also be taken into consideration. 17. Learned counsel for the respondent-Union submit that the benefits if any, granted in terms of decision taken by the Welfare Committee are no way connected with the charter of demands. 18. Whether the charter of demands are to be accepted or not, whether the benefits received in terms of the decision taken by the Welfare Committee are relatable to the charter of demands or not or whether they can be adjusted with the benefits if any, to be granted pursuant to the charter of demands or not are to be considered by the Tribunal. 19. Hence, the following: ORDER (i) The impugned award dated 17.08.2019 on the file of Additional Industrial Tribunal, Bangalore in AID No.42/2014 is set aside. - 8 - HC-KAR NC: 2026:KHC:3069 WP No. 52144 of 2019 (ii) The matter is remitted to the Tribunal for fresh consideration. (iii) All contentions of the parties are kept open. (iv) The Tribunal shall consider the documents placed by both petitioner-Management and respondent-Union in accordance with law and pass appropriate orders. (v) The parities shall appear before the Tribunal on 16.02.2026. (vi) It is made clear that this Court has not expressed any opinion on the merits of the matter. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 19