Karnataka High Court
Sln Coffee Curing Works vs Smt. Jayamma on 22 June, 2016
Author: S.Sujatha
Bench: S Sujatha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2016
BEFORE
THE HON'BLE MRS JUSTICE S SUJATHA
Writ Petition Nos.19635/2013 & 32727-734/2013 (L-RES)
C/w
Writ Petition Nos.32369/2013 & 32735/2013(L-RES),
32370/2013 (L-RES)
WP.Nos.19635/2013 & 32727-734/2013
BETWEEN:
SLN COFFEE CURING WORKS
KIADB INDUSTRIAL AREAS KUDLUR
KUSHALNAGAR 571 234,KODAGU DISTRICT
REP. BY ITS MANAGING DIRECTOR
N VISHWANATHAN ... PETITIONER
(BY MISS. ANANDHI., ADVOCATE FOR
SRI.VENKATESH .R. BHAGAT., ADVOCATE)
AND
1. SMT. JAYAMMA, 43 YEARS
2. SMT RADHA SURESH, 29 YEARS
3. SMT K N RANI, 42 YEARS
4. SMT RUKMINI, 30 YEARS
5. SMT PREMA DASAPPA, 32 YEARS
6. SMT SUSHEELA, 29 YEARS
7. SMT GOWRAMMA, 33 YEARS
8. SMT VINODA, 36 YEARS
9. SMT SAROJA CHANDRAPPA
42 YEARS
2
ALL ARE WORKMEN OF
SLN COFFEE CURING WORKS,
KIADB INDUSTRIAL AREAS
KUDLUR, KUSHALANAGAR 571 234
KODAGU DISTRICT
REP. BY M G AIYAPPA
GENERAL SECRETARY
KARNATAKA INDUSTRIAL AND
PLANTATION LABOUR UNION (KIPLU)
DR.S. RADHAKRISHNA LAYOUT
4TH BLOCK, KUSHALANAGAR 571 234.... RESPONDENTS
(BY SRI.M A APPAIAH., ADVOCATE)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR THE RECORDS PERTAINING TO THE ORDER DATED
20.11.12 BEARING REF NO.257/10 C/W REF
NO.252,253,254,255 AND 256 AND 258 OF 10 AND 261 AND
262/10 VIDE ANX-A AND TO QUASH THE ORDER DATED
20.11.12 PASSED BY IT, MYSORE IN REF NO.257/10 C/W REF
NO.252,253,254, 255 AND 256 AND 258 OF 10 AND 261 AND 262
/10 VIDE ANX-A AND ALSO THE ORDER DATED 3.3.12 PASSED
BY IT, MYSORE IN REF NO.257/10 C/W REF NO.252,253,
254,255 AND 256 AND 258 OF 10 AND 261 AND 262 /10 VIDE
ANX-B WHEREBY THE LEARNED PRESIDING OFFICER HAS
ILLEGALLY AND ARBITRARILY CONCLUDED THE DEMOSTIC
ENQUIRY HELD AGAINST THE RESPONDENTS WORKERS IS NOT
FAIR PROPER AND VALID
W.P. Nos.32369/2013 & 32735/2013
BETWEEN:
SLN COFE CURING WORKS
KIADB INDUSTRIAL AREAS,
KUDLUR, KUSHALNAGAR-571234
KODAGU DISTRICT,REP BY ITS MANAGING DIRECTOR
N. VISHWANATHAN ... PETITIONER
(BY MISS.ANANDHI., ADVOCTE FOR
SRI. VENKATESH R. BHAGAT., ADVOCATE)
AND
1. SMT JAYAMMA
AGED 43 YEARS
2. SMT. RANI
3
AGED 44 YEARS
BOTH ARE WORKING AT SLN
COFFEE CURING WORKS,
KIADB INDUSTRIAL AREAS,
KUDLUR, KUSHALANAGAR-571234
KODAGU DISTRICT
REP. BY M.G. AIYAPPA
GENERAL SECRETARY
KARNATAKA INDUSTRIAL AND
PLANTATION LABOUR UNION (KIPLU)
DR. S. RADHAKRISHNA LAYOUT,
4TH BLOCK, KUSHALNAGAR-571234 .. RESPONDENTS
(BY SRI.M A APPAIAH., ADVOCATE)
THESE WPs FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
RECORDS PERTAINING TO THE ORDER DATED 29.9.12 IN REF
NO.111/10 C/W REF 113/10 VIDE ANNX-A AND TO QUASH
THE ORDER DATED 29.9.12 PASSED BY THE PRESIDING
OFFICER, IT, MYSORE IN REF NO.111/10 C/E REF 113/10 VIDE
ANNX-A AND ALSO THE ORDER DATED 30.3.12 PASSED BY THE
IT, MSYORE IN REF NO.111/10 C/W REF 113/10 VIDE ANNX-B
WHEREBY THE LEARNED PRESIDING OFFICER HAS ILLEGALY
AND ARBITRARILY CONCLUDED THE DOMESTIC ENQUIRY HELD
AGAINST THE RESPONDENT WORKERS IS NOT FAIR PROPER
AND VAILD
W.P. Nos.32370/2013
BETWEEN:
SLN COFE CURING WORKS
KIADB INDUSTRIAL AREAS,
KUDLUR, KUSHALNAGAR-571234
KODAGU DISTRICT
REP BY ITS MANAGING DIRECTOR
N. VISHWANATHAN ... PETITIONER
(BY MISS.ANANDHI., ADVOCTE FOR
SRI. VENKATESH R. BHAGAT., ADVOCATE)
AND
SMT. MANJULA
38 YEARS
WORMEN AT SLN
4
COFFEE CURING WORKS,
KIADB INDUSTRIAL AREAS,
KUDLUR, KUSHALANAGAR-571234
KODAGU DISTRICT
REP. BY M.G. AIYAPPA
GENERAL SECRETARY
KARNATAKA INDUSTRIAL AND
PLANTATION LABOUR UNION (KIPLU)
DR. S. RADHAKRISHNA LAYOUT,
4TH BLOCK, KUSHALNAGAR-571234 ... RESPONDENT
(BY SRI.M A APPAIAH., ADVOCATE)
THIS W.P.IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ALL FOR THE
RECORDS PERTAINING TO THE ORDER DT.20.11.2012 BEARING
REFERENCE NO.112 OF 2010 VIDE ANNX-A ON THE FILE OF
PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, MYSORE.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, MADE THE FOLLOWING:
ORDER
Since, common question is involved in all these matters, they are clubbed together and disposed of by this common order.
2. The management is before this Court challenging the award passed by the Industrial Tribunal at Mysore in Ref.No.257/10 and connected matters.
3. It transpires that on the alleged misconduct of the workmen indulging in union activities, disciplinary proceedings were initiated against the 5 workmen/respondents. In the disciplinary proceedings, it was held that the alleged misconduct was proved. Punishment was imposed by the petitioner depriving the workmen of 4 days wages amounting to around Rs.450/- per day which forced the workmen to raise the dispute before the ALC, Chickmagalur and to contest the case at Mysore. The conciliation being failed, the Government of Karnataka referred the dispute to the Industrial Tribunal at Mysore under Section 10(1)(d) of the Industrial Disputes Act, 1947 (the 'Act' for short).
4. On behalf of the respondents/workmen, one Smt.Jayamma was examined as WW1 and documents W1 and W2 and M1 to M.57 of the second party documents were marked. Petitioner has not led any evidence. Hence, the labour Court in the absence of any evidence led by the petitioner to substantiate the alleged misconduct against the workmen, set-aside the order of suspension and directed the management/petitioner to pay all the withheld benefits in all the cases. It was also contended by the workmen before the Labour Court that 6 they were victimized by the petitioner; the petitioner acted indiscriminately with the workmen with the object to restraining their activities for the purpose of collective bargaining and thereby practiced unfair labour practice. No point being raised in the reference regarding practicing unfair labour practice against the workmen in all the cases, the Tribunal declined to consider the arguments addressed on the aspect of unfair labour practice. However, provided liberty to take action against the petitioner as per law regarding practicing unfair labour practice against them. The punishment order of suspension passed by the management being not substantiated by leading any evidence, the labour Court is justified in setting-aside the punishment order as the alleged misconduct said to have been proved by the management was not accepted by the labour Court which is just and proper. The finding of fact given by the labour Court that the disciplinary proceedings initiated against the workmen being vitiated, the punishment order of suspending the workmen for 4 days was to restrain the activities of the workmen for the purpose of 7 collective bargaining which amounts to unfair labour practice, is justified. The order of the labour Court in setting-aside the punishment order of suspension of 4 days cannot be found fault with.
5. Giving liberty to the workmen to take action against the petitioner without giving any finding on that issue of unfair labour practice, would not be considered as an error committed by the labour Court while disposing off the reference applications. The liberty given to the workmen will not take away the rights of the petitioner to substantiate/defend their case in the appropriate proceedings, if such an action is initiated. In the circumstances, the well considered order passed by the labour Court based on the material evidence available on record, does not call for any interference by this Court. Accordingly, all these writ petitions are dismissed as devoid of merit.
Sd/-
brn JUDGE