Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:13004 WP No. 17800 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 17800 OF 2019 (L-RES) BETWEEN:
M/S SRI SREERAMA SAHAKARA SAKKARE KARKHANE LIMITED, CHUNCHANAKATTE, K.R. NAGAR TALUK, MYSORE DISTRICT.
REPRESENTED BY ITS MANAGING DIRECTOR. …PETITIONER (BY SRI. T.P.VIVEKANANDA, ADVOCATE) AND:
1.
SRE RAMA SAHAKARA SAKKARE KARKHANE KARMIKA & RUTHUKALIKA KARMIKARA & NOWKARARA SANGHA (R), CHUNCHANAKATTE, K.R. NAGAR TALUK, MYSORE DISTRICT.
2.
M/S AMBIKA SUGARS LTD., ELDORADO, 5TH FLOOR, 112, MUNGAMBAKKAM HIGH ROAD, CHENNAI 600034 REPRESNETED BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI. V.JAWAHAR BABU, ADVOCATE FOR R1;
V/O DTD 17/10/2019, R2- H/S)
Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:13004 WP No. 17800 of 2019
THIS W.P. FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DTD30.5.2018 PASSED BY THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL AT MYSORE AT ANNEXURE-N AND DISMISS THE REFERENCE NO.84/2011.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
Learned counsel appearing for the petitioner would submit that on 18.03.2016 there was a settlement between the employer and the workman and in terms of the settlement at Annexure-K, the amount payable to the workman is paid.
2. It is further submitted that the persons who claim that they are not the members of the Union which entered into settlement, have also received the amount as agreed in the settlement dated 18.03.2016 and have also executed the document for having received the amount by making reference to the settlement dated 18.03.2016.
3.
Learned counsel for respondent No.1-Union would submit that, the members of respondent No.1-Union
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HC-KAR NC: 2026:KHC:13004 WP No. 17800 of 2019
were not parties to the settlement and further submits that, in case the members of respondent No.1-Union have received the benefit flowing from the settlement dated 18.03.2016 they are not eligible to make any further claim.
4. It is his further submission that, some of the members of respondent No.1-Union are not yet paid the dues as per the settlement dated 18.03.2016.
5.
Learned counsel for respondent No.1 would submit that, in case the payment is not received by the members of respondent No.1-Union in terms of the settlement dated 18.03.2016 they should be given liberty to proceed to recover the amount under Section 33C(2) of the Industrial Disputes Act, 1947.
6.
Learned counsel the petitioner would submit that, in case any payment is not made as per the terms of the settlement dated 18.03.2016 to any of the members of respondent No.1-Union who worked for the petitioner-
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HC-KAR NC: 2026:KHC:13004 WP No. 17800 of 2019
Establishment, let such workman approach the petitioner- Establishment and in case the claim is found to be genuine, the petitioner-Establishment will honour the claim. In case of any dispute, the liberty may be reserved to the such workmen who have not received the amount to pursue the remedy under Section 33C(2) of the Industrial Disputes Act 1947.
7. The said submission is placed on record.
8. Hence, the following:
ORDER i. Writ petition is disposed of. ii. The members of respondent No.1-Union who claim that they have not received the benefit under the settlement dated 18.03.2016 may submit a representation making a claim flowing from the settlement dated 18.03.2016.
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HC-KAR NC: 2026:KHC:13004 WP No. 17800 of 2019
iii. The petitioner- Establishment shall respond to the representations to be submitted within 30 days from the date of the receipt of copy of this order. iv. The representations submitted in terms of Annexures-B, C and D, in Writ Petition No.18209/2025 shall be considered within 30 days from the date of receipt of the copy of this order. v. In case of any dispute, the members of respondent No.1-Union are entitled to pursue the remedy under Section 33C(2) of the Industrial Disputes Act, 1947.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
VS List No.: 1 Sl No.: 28