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Karnataka High Court

Kek Engineering Services vs Bharatiya Private Telecom Mazdoor ... on 17 February, 2026

Author: B M Shyam Prasad

Bench: B M Shyam Prasad

                                       -1-
                                                      NC: 2026:KHC:9465
                                                 WP No. 30503 of 2025


             HC-KAR




            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 17TH DAY OF FEBRUARY, 2026

                                  BEFORE

                 THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

                  WRIT PETITION NO. 30503 OF 2025 (GM-RES)


            BETWEEN:

                  KEK ENGINEERING SERVICES
                  NEW NO.22, 32ND D CROSS,
                  3RD FLOOR, JAYANAGAR 4TH BLOCK,
                  BANGALORE 560011,
                  COMPANY INCORPORATED UNDER
                  THE MSME ACT ENGAGED IN
                  THE BUSINESS OF PROVIDING
                  SERVICES IN TELECOM NETWORK
                  REPRESENTED BY ITS
                  HR LEAD SRI J GANESH.

Digitally
signed by                                           ...PETITIONER
VANAMALA
N           (BY SRI.C K SUBRAMANYA., ADVOCATE)
Location:
HIGH
COURT OF    AND:
KARNATAKA
            1.    BHARATIYA PRIVATE TELECOM
                  MAZDOOR SANGH (BMS)
                  SANGH (BMS) STATE COMMITTEE
                  MARAYLI LANE CHITTOR ROAD,
                  ERNAKULAM 600032.
                  A TRADE UNION REGISTERED
                  UNDER TRADE UNION ACT 1926,
                                 -2-
                                             NC: 2026:KHC:9465
                                          WP No. 30503 of 2025


 HC-KAR



      REPRESENTED BY ITS
      GENERAL SECRETARY.

2.    REGIONAL LABOUR COMISSIOENR
      (CENTRAL) AND
      OFFICE OF THE LABOUR COMMISSIONER
      (CENTRAL) SHIRAM SADAN
      III CROSS, III MAIN, II PHASE,
      TUMKUR ROAD, YESHWANTHPUR,
      BENGALURU 560022.

                                      ...RESPONDENTS
(BY SRI.ADITYA DIWAKARA., AGA FOR R2;
     SMT K.S. ANUSUYA DEVI., ADVOCATE FOR R1)


       THIS WP IS FILED UNDER ARTICLE 226 PRAYING
TO (1) MEMBERS AND DIRECTION TO THE FIRST
RESPONDENT,       THEIR     AGENTS,        SUPPORTERS,
ASSOCIATES, PATRONS, MEMBERS AND ACCOMPLICES
FROM HOLDING ANY STRIKE, AGITATION, DHARNA,
GHERAO, PICKETING, SLOGAN SHOUTING, WITHIN A
RADIUS OF 500 METERS OF ALL THE SUB-OFFICES OF
THE PETITIONER SITUATED IN THE KARNATAKA STATE
AS INDICATED IN ANNEXURE-B; (II) DIRECTION TO THE
FIRST RESPONDENT EITHER BY THEMSELVES OR
THROUGH THEIR AGENTS, SUPPORTERS, ASSOCIATES,
PATRONS,     MEMBERS      AND     ACCOMPLICES     FROM
PREVENTING OR OBSTRUCTING THE EMPLOYEES,
CONTRACT      LABOURERS,        AGENTS,    CUSTOMERS,
CLIENTS ETC., IN FREE INGRESS TO OR EGRESS FROM
WITHIN A RADIUS OF 500 METERS OF ALL THE SUB-
                                 -3-
                                                  NC: 2026:KHC:9465
                                            WP No. 30503 of 2025


HC-KAR



OFFICES OF THE PETITIONER SITUATED IN THE
KARNATAKA STATE AS INDICATED IN ANNEXURE-B;
(III) DIRECTION TO THE          FIRST RESPONDENT OR
THROUGH THEIR AGENTS SUPPORTERS, ASSOCIATES,
PATRONS,          MEMBERS            AND     ACCOMPLICES
RESTRAINING THEM FROM FASTING IN FRONT OF AND
WITHIN A RADIUS OF 500 METERS OF ALL SUB-
OFFICES OF THE PETITIONER SITUATED IN THE
KARNATAKA STATE (ANNEXURE-B); (IV) DIRECTION TO
FIRST RESPONDENT AND THEIR MEMBERS NOT TO
RESORT TO STRIKE AS PER THE ACTION PROGRAM
CONSIDERING THE FACT THAT NO PERSON EMPLOYED
IN A PUBLIC UTILITY SERVICE CAN GO ON STRIKE IN
BREACH OF CONTRACT DURING THE PENDENCY OF
ANY   CONCILIATION      PROCEEDINGS          BEFORE       THE
CONCILIATION      OFFICER;     (V)    DIRECT      THE    FIRST
RESPONDENT THAT PENDING DISPOSAL OF THE WRIT
PETITION,    TO    INITIATE    NECESSARY         ACTION    BY
INVOKING     STATUTORY        PROVISIONS         UNDER    THE
INDUSTRIAL    DISPUTES        ACT    1947   IN    ORDER    TO
PREVENT     THE    FIRST      RESPONDENT         AND     THEIR
MEMBERS FROM RESORTING TO VARIOUS ACTS AS
PLANNED BY THEM IN THE LIGHT OF THE GAZETTE
NOTIFICATION ISSUED BY THE GOVERNMENT OF
INDIA, MINISTRY OF LABOUR AND EMPLOYMENT,
DECLARING THE PETITIONER INDUSTRY AS "PUBLIC
UTILITY SERVICE" UNDER SEC.2(N) (VI) OF THE I.D.
ACT 1947.
                                    -4-
                                                    NC: 2026:KHC:9465
                                               WP No. 30503 of 2025


 HC-KAR



        THIS PETITION, COMING ON FOR ORDERS, THIS

DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

                         ORAL ORDER

Sri C.K.Subramanya, the learned counsel who appears on behalf of Sri B.C.Prabhakar, the learned counsel on record for the petitioner, files a memo for withdrawal stating that the petition is rendered infructuous, which reads as under:

"The petitioner above named seeks the leave of this Hon'ble Court to withdraw the above Writ Petition since the same has become infructuous."

The memo is accepted, and the petition is dismissed as having become infructuous.

Sd/-

(B M SHYAM PRASAD) JUDGE SA ct:sr