- 1 - HC-KAR NC: 2026:KHC:2595 WP No. 25333 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.25333 OF 2024 (L-RES) BETWEEN: SPM INDIA LTD. WORKERS UNION A UNIT OF BANGALORE SOUTH INDUSTRIAL WORKERS UNION, JYOTHI BASU BHAVAN, NO.20, WAT STREET, BASAVANGUDI, BANGALORE - 560 004, A REGISTERED UNDER LABOUR UNION ACT 1928 REPRESENTED BY ITS GENERAL SECRETARY. …PETITIONER (BY MISS. AVANI CHOKSHI, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY DEPUTY LABOUR COMMISSIONER-II, BENGALURU DEPARTMENT OF LABOUR, GOVERNMENT OF KARNATAKA, DAIRY CIRCLE, BANNERGHATTA ROAD, BENGALURU - 560 029. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2595 WP No. 25333 of 2024 2. MANAGEMENT OF M/S. SPM INDIA LTD., KT NO.182, BLOCK A, GDR TECH VILLAGE, KETHAGANAHALLI, BIDADI HOBLI, BANGALORE-MYSORE ROAD, RAMANAGARA TALUK AND DISTRICT, KARNATAKA - 562 109 A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 REPRESENTED BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI. M. RAJAKUMAR, AGA FOR R1; SRI. N.S. NARASIMHA SWAMY, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT SETTING ASIDE THE ENDORSEMENT DTD 24.08.2021 ISSUED BY THE R-1 BEARING NO. UKAKA-1/VASOOLATI/CR-08/2019-20 (PRODUCED AS ANNEXURE-A) AND ACCORDINGLY ALLOW THE APPLICATION OF THE PETITIONER UNION AWARDING THE COSTS OF THIS LITIGATION. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 3 - HC-KAR NC: 2026:KHC:2595 WP No. 25333 of 2024 ORAL ORDER Heard learned counsel appearing for the petitioner and learned counsel appearing for the contesting respondent. 2. This petition is filed assailing the Endorsement dated 24.08.2021, in terms of which the Deputy Labour Commissioner has held that the application under Section 33 (C)(1) of the Industrial Disputes Act, 1947 (for short 'the Act, 1947') is not maintainable. 3. Learned counsel for the petitioner would urge that the dispute raised by the petitioner-Union espousing the cause of the members/workers is maintainable under Section 33(C)(1) of the Act, 1947, as the workmen are claiming the money due to them from the employer under Chapter-VA of the Act, 1947. 4. Learned counsel for the contesting respondent would urge that the lay-off has taken place in different stages and lay-off compensation is duly paid to the workmen of respondent No.2-Establishment and same is not adjudicated by the Deputy Labour Commissioner. - 4 - HC-KAR NC: 2026:KHC:2595 WP No. 25333 of 2024 5. The Court has considered the contentions raised at the Bar and perused the records. 6. Considering the claim made before the Deputy Labour Commissioner, this Court is of the view that the application under Section 33(C)(1) of the Act, 1947 is maintainable as there is no dispute that the petitioner-Union represents the workmen of respondent No.2-Establishment. However it is also noticed that the petitioner's claim and objections raised by the respondent-Management are not considered on merits, wherein respondent No.2/Management has raised a contention that the lay-off compensation as required under the Act, 1947 is duly paid to its workmen. As the application is not adjudicated on merits but rejected on the premise that party has to raise industrial dispute. 7. Under these circumstances, without expressing anything on merits of the claim of either of the parties, the impugned Endorsement at Annexure-A dated 24.08.2021 is quashed, the matter is remitted to the Deputy Labour Commissioner to consider the petitioner's application under Section 33(C)(1) of the Act, 1947 in accordance with law. - 5 - HC-KAR NC: 2026:KHC:2595 WP No. 25333 of 2024 While deciding the case, the Deputy Labour Commissioner shall also adjudicate all the questions raised by the respective parties. 8. It is made clear that this Court has not expressed anything on merits of the matter. All contentions except the contention relating to the jurisdiction of the Deputy Labour Commissioner are kept open. Hence, the following: ORDER (i) Petition stands disposed of; (ii) Impugned Endorsement dated 24.08.2021 at Annexure-A is quashed. Sd/- (ANANT RAMANATH HEGDE) JUDGE SMJ List No.: 1 Sl No.: 19