Karnataka High Court
M/S. United Breweries Ltd vs The Karnataka Engineering And General ... on 23 November, 2010
Author: V.Jagannathan
Bench: V.Jagannathan
... 'r{E5:f'S1§_i E?S.SUERAMANYA, ADV. FOR C/R.)
"F«..V.iIVLPUGNED AWARD DT. 24.12.2008 IN REF.NO.25/2005
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated: This the 23"' day Of November 2O'1,QV;
F BEFORE .
THE HONBLE MRJUSTICE V.JAGANNATI~1AN ' FT 2
W.P.NO.4950/2009; »(AL?_T'ER}._ 2;F " 7
BETWEEN: V' ' . .
M/S UNITED BREWERIES L'1'D,';«.
5TH FLOOR, "UB TOWERS", UE_'c1'_I*r.,_»
NO.24,V1TTAL 1V£ALLY'A__ROAD, -
BANGALORE560 001;. _ 2 w
REP. BY H S RAMESH R.
SENIOR MANAGER P.&--A.j- ' A = =
. PETITIONER
{By Sri S MLIRFFTF, SENI'OR"'cOjUNSEL
FOR M/S .D.-TURTHY ASSOCJIATES.)
AND:
TE-IE:.KA§2NA'£P£KA'-SE1\'GINEER1N'G AND
GENERAL 'WORKERS? UNION,
No.12. SECOND FLOOR, "
=PALACE GUT1_'A11'AL_LI_I»qA1N ROAD,
EANc;ALORE_-560 _003i,_
REP. BY ITS F-RESIDENT.
_ _ . V. ~~ RESPONDENT
A '.TH»1S: WP. FILED PRAYING TO QUASH THE
PASSED BY THE 1ST ADDL. LABOUR COURT,
EANGALROE AT ANNEXURE--F, ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'E' GROUP THIS DAY, THE coon?
THE FOLLOWING:
ORDER
When the matter was takenhiipe, pa-3]'ointipirnernoeisil5 filed by the parties stating that the of Labour Court be modified Iiniiterms of.I_the"'-isettlewrnent arrived at between thew.parti.e"s{ *:I__ I
2. Both the respondent are present and admit the contents of then joifit..:IAI1ie'rno'- that is filed. Counsel for the I " .pIa1'ties'*hav.e alsowsigned the said memo. Award passed by the Labour Court has 'been in question in this petition by the Mari.aé"ement and the operative portion of the award " .reads as under:
" Reference is accepted.
Consequently, it is heid that (1) Transfer of 8 workmen W.e.f. 18.4.2005 and transfer of B» .9' ppoperatfire portion shall stand modified in terms of the
--,,V'mejino of settlement between the parties. The joint frnemo contents therefore shall stand substituted in 3 another 7 workmen w.e.f. 5.5.2005 from Bangalore to Vani Sugars 81 Industries Ltd.. Punganoor in Chittoor District, Pradesh, is unjustified and illegal. Refusal of Work to 46 workmen mentionefdrl' in Annexure 'A' to the order of re_-ferenc_e.fisV"' amounting to partial is unjustified and illegal. Second party management is directeld to}re-- instate the ..workmen. ._Ve§;noluding A those who have already.'resigned._in.n_'the_ir factory at Bangalo.re, ofeéervice and V7-other benefits. However, they are 4_ entitled'toV:".5O% of wages excluding interimpprelief 'Which has been already paid V ato them second party management. _41 .~ View of the joint memo filed, the aforesaid place of the aforesaid operative portion of the award. /94» A ~ 4 Petition stands disposed of in the above A' A ' Dvrz