Karnataka High Court
The Management Of Bosch Ltd vs State Of Karnataka on 7 August, 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.17695 OF 2021 (L-RES) C/W WRIT PETITION NO.12656 OF 2021 (L-RES) WRIT PETITION NO.21703 OF 2021 (L-RES) WRIT PETITION NO.23395 OF 2021(L-RES) WRIT PETITION NO.23730 OF 2021(L) WRIT PETITION NO.23786 OF 2021(L-RES) WRIT PETITION NO.1434 OF 2022(L-RES) IN WP NO.17695/2021: BETWEEN: 1. MR RAMAMURTHY C K, E.NO. 30744455, DEPT W3810, AGED 35 YEARS, S/O LATE KENCHAPPA, NO.157/8, PALEKAMMA NAGAR, CHIKKAJAL POST, JALA HOBLI, BANGALORE 562157, PHONE 9880411978. 2. MR. M NAGENDRA, E.NO. 30745203, DEPT W3710, AGED 38 YEARS, S/O MUNISONAAPPA, CHEEMANGALA (V AND P), SHIDLAGATTA (TQ), CHIKKABALLAPURA (DIST) - 562102, PHONE 9844192914 2 3. MR. ARUNKUMAR N, E.NO. 30740752, DEPT W3850, AGED 35 YEARS, BEHIND URDHU SCHOOL, NELAMANGALA MAIN ROAD, PANDAVAPURA TOWN, MANDYA DIST 571435, PHONE 7411138506 4. MR. KRUPENDRA KUMAR M, E.NO. 30753177, AGED 32 YEARS, 707, MARUTI NAGAR, CHIKKABALLAPURA ROAD, KERE KODI, VIJAYAPURA, BANGALORE (RURAL) - 562135, PHONE 8217461836. 5. MR. CHAKRAPANI H L, E.NO. 30747005, DEPT W7180, AGED 36 YEARS 492, THIRUMALA LAYOUT, NEAR AKR MEMORIAL SCHOOL HORAMAVU AGARA, HORAMAVU POST, BANGALORE - 560043, PHONE 9900523414. 6. MR. RAGHAVENDRA S A, E.NO. 30746943, DEPT W7180/MFP-12, AGED 40 YEARS, S/O ANANDAPPA B N, SRI HOMBALAMMA NILAYA, OLD CHURCH ROAD, VENKATESHWARA NAGAR, KADUR (P AND T), CHIKKAMAGALURU - 577548, PHONE 9945200733. 7. MR. VENKATARAJA B K, E.NO. 30744197, 3 DEPT W3710, AGED 42 YEARS, S/O KRISHNAMURTHY B V, BIDALAPURA , REDDYHALLI POST, DEVANAHALLI TQ, BANGALORE RURAL, PHONE 9980602390. 8. MR. JAGADEESH V G, E.NO. 30744222, DEPT W6530, AGED 38 YEARS, S/O GOVINDARAJ, VOROHALLI, JADIGENAHALLI POST, HOSAKOTE TQ, BANGALORE - 562114, PHONE 7899007300/9945474178. 9. MR. VIJAYA KUMAR K B, E.NO. 30748219, DEPT MFPW7170, AGED 37 YEARS, 110, 2ND BLOCK, JNANABHARATHI LAYOUT, ULLALA MAIN ROAD, NEAR AMMA ASHRAMA STOP, BANGALORE - 560056, PHONE 9964591199. 10. MR. S SANTHOSH, E.NO. 30748068, DEPT W7590, (BARREL INSPECTION), AGED 36 YEARS, 10 B CAUVERY STREEET, ANJANEYA SWAMY LAYOUT, THINDLU, VIDYARANYAPURA, BANGALORE - 560097, PHONE 9686846755. 11. MR HOSAKOTE NAGARAJA. E NO.30752178, DEPT W3180/W6220/W3850, 4 AGED 36 YEARS, NO.59, 2ND MAIN, 1ST CROSS, SINGAPORE VILLAGE, VIDYARANYAPURA POST, BANGALORE-560097, PHONE 9964562277. 12. MR MUTTURAJU, E NO.30745196, DEPT W7180/W3180/W3850, AGED 36 YEARS, NO.762, 1ST MAIN, COD QUARTERS, OPP KTM SHOW ROOM K S TOWN, BANGALORE-560060, PHONE-9886094352. 13. MR SHREENATH J, E NO.30750517 DEPT W3540 AGED 40 YEARS, NO.94/J, 3RD BLOCK VISHWESHVARAIAH LAYOUT, NEAR SBI BANK ULLAL MAIN ROAD, BANGALORE-560056, PHONE 9741112047. 14. MR BASAVARAJU D K, E NO.30747764 DEPT W3530 (FMG) AGED 35 YEARS, DODDASOMANAHALLI VILLAGE AND POST, TIPPASANDRA HOBLI, MAGADI (TQ), RAMANGARA (DIST), PHONE 7019312229. 15. MR VIJAY KUMAR D, E NO.30748228 DEPT W6810 /W3810 AGED 35 YEARS, NO.6 HUVINAYAKANAHALLI B K HALLI POST, JALA HOBLI, BANGALORE-560149, PHONE 9902554892. 16. MR SHIVALINGE GOWDA M D, E NO.30747229, DEPT W3720, 5 AGED 35 YEARS, S/O DODALINGE GOWDA, MAHIMANAHALLI YADAMARANAHALLI POST, UYYAMBALLI HOBLI, KANAKAPURA TQ, RAMANAGARA DIST, PHONE 8792741928/9113074055. 17. MR PRASHANTH H C, E NO.30744302, DEPT W3850, AGED 36 YEARS, NO.996, SRI BASAVESHWARA NILAYA, 7TH MAIN, HAVNOOR EXTN, HESARAGATTA ROAD, NAGASANDRA POST BANGALORE-560073 PHONE 9902595666. 18. MR MAHESH KUMAR N E NO.30744437, DEPT W6530/W3530/W3180 AGED 34 YEARS, NO.25, SKANDA LAYOUT OPP AVALAHALLI BDA LAYOUT, J P NAGAR 9TH PHASE, BANGALORE-560062 PHONE 9035689681. 19. MR RANGANATHA M, E NO.30746140 DEPT W7560, AGED 38 YEARS, S/O MARUTHI RAO, OLD JALINAGAR, 1ST MAIN, 3RD CROSS, DAVANAGERE-577001, PHONE 9916170274. 20. MR NAVEEN KUMAR D, E NO.30746168 DEPT W3520, AGED 35 YEARS, NO.144, 1ST CROSS, NEAR ST MARYS, CONVENT, T DASARAHALLI, BANGALORE-560057, 6 PHONE 9743904555. 21. MR PRAKASH L M, E NO.30745356, DEPT W6610 AGED 38 YEARS, NO.21, MAHALAKSHMI NILAYA, 1ST FLOOR, SUVARNAN AGAR DODDABIDARAKALLU, NAGASANDRA POST, BANGALORE-560073, PHONE-9986217001. 22. MR SARPABHUSHANA G P, E NO.30747915, DEPT POWER TOOLS, AGED 35 YEAR NO.3611, NEAR WATER TANK, SUBHASH NAGAR, NELAMANGALA-562123, PHONE 9353204588. 23. MR NARASIMHA MURTHY G, E NO.307416177, DEPT W3530, AGED 35 YEARS NO.7/1, POOJAMAMA TEMPLE ROAD, GORAGUNTE PALYA, BANGALORE-560022, PHONE 90355566003. 24. MR SANTHOSHA S, E NO.30746970 DEPT W7080, AGED 36 YEARS, NO.14, ANJANADRI NEW EXTN, THAMMENAHALLI PALYA, ACHUTH NAGAR POST, BANGALORE-560017, PHONE 9008872553. 25. MRS DEGUL SHAILAJA, E NO.30744507 DEPT POWER TOLLS, /W3710/W3720/W1466, AGED 38 YEARS, NO.39/5, SLNS BUILDING, 5TH CROSS, KALYAN NAGAR, T DASARAHALLI, BANGALORE-560057 PHONE 9036758281. 7 26. MR PRADEEPA B, E NO.30744375 DEPT W3850/W7170 AGED 35 YEARS, D NO.227, KGS LAYOUT, PAPAREDDY PALYA, BANGALORE-560072, PHONE 9739244296. 27. MR RAGHU KUMAR H V, E NO.30746079 DEPT W3200 /W7180 AGED 35 YEAS, S/O VEERAPPA R, HEGGADADEVANAPURA ALUR POST, DASANAPURA HOBLI, BANGALORE-562162, PHONE 9739731095. 28. MR PRAVEEN KUMAR B M, E NO.30747906, DEPT POWER TOOLS, AGED 34 YEARS, BASTIHALLI VILLAGE, AMBUGA POST HASSAN TALUK AND DIST-573212, PHONE 99026020216. 29. MR SACHIN D G, E NO.30747782, DEPT W3710/POWER TOLLS AGED 35 YEARS NO.14 (OLD NO.83) 1ST CROSS, 1ST MAIN, SUDHAMANAGARA BANGALORE-560027 PHONE 7795338429. 30. MR PANDURANGA N, E NO.30747693 DEPT W7506 AGED 37 YEARS NO.179 SAI ENCLAVE LAKSHMIPURA MADANAYAKANAHALI MAIN ROAD, BANGALORE, PHONE 9980879222. 8 31. MR SRIDHARA V, E NO.30747871 DEPT W3720, AGED 35 YEARS, NO.26, 1ST MAIN, 2ND BLOCK, KANTEERAVA NAGAR, BANGALORE-560096, PHONE 9611670739. 32. MR SATHISH K S, E NO.30744534, DEPT W3720 AGED 35 YEARS, NO.19, 2ND FLOOR, 4TH, CROSS 2ND MAIN, BHAIRAVA NAGARA, DUBASIPALYA, R V COLLEGE POST, BANGALORE-560059, PHONE 9739554440. 33. MR GAJENDRA T, E NO.30744277, DEPT W3540, AGED 37 YEARS, S/O THIMMAPPA, ATTIGUNDA VILLAGE, ARALIHALLI POST, BHADRAVATHI TQ, SHIVAMOGGA DIST-577233, PHONE 9902860628. 34. MR SHARATH M, E NO.30753131, DEPT W3700/W3710, AGED 35 YEARS, S/O MAHADEVAPPA H B, NO.257, NEAR VASAVI, SHANTI DHAMA, RING ROAD, ALANAHALLI MYSORE-570028, PHONE 9845615198. 35. MR MAHADEVASWAMY, E NO.30746916, DEPT W3850 / W3810, AGED 37 YEARS, S/O LATE THOTAPPA, ANTHARASANTHE (V AND P), 9 H D KOTE TQ, MYSORE-571114, PHONE 9980936213. 36. MR CHANDRAPPA U, E NO.30746104, DEPT W3200/W3180 /W3850, AGED 35 YEARS, S/O LINGAMAIAH, DEVALAPURA (V AND P) KAMPLI (TQ), BELLARI (DIST)-583129, PHONE 9740160717. 37. MR S N MANJUNATHA, E NO.30752016, DEPT W3850, AGED 36 YEARS, NO.31, 13TH CROSS, 1ST B MAIN, J C NAGAR, MAHALAKSHMIPURAM, BANGALORE-560086, PHONE 9886833091. 38. MR THILAKESHA K S, E NO.30748013, DEPT W6840 /W3770, AGED 34 YEARS, S/O SHIVAPPA, KOLLANGI VILLAGE, ABBURU MACHAGOWDANA HALLI POST, MALLIPATTANA HOBLI ARAKALAGUD TQ HASSAN DIST, PHONE 9901108416. 39. MR. NANDEESHA U B, E.NO. 30744311, DEPT. W6230/POWER TOLLS, NO. 3, 3RD CROSS, RUSHABHAVATHI NAGAR, KAMAKSHIPALAYA, BANGALORE 560079, MOB. 9880015186. 10 40. MR. SANDEEPA P, E.NO. 30744268, DEPT W 6440, BANDISHETTIHALLI, BOOVANAHALLI POST, HOLENARASIPURA TALUK, HASSAN DISTRICT, MOB 9483680102. 41. MR. RANGANATHA B G, E.NO. 30744268, DEPT W6440, BANDISHETTIHALLI, BOOVANAHALOLI POST, HOLENARASIPRUA TALUK, HASSAN DISTRICT, MOB 9483680102. 42. MR. RAGHUNATH M, S/O. MUNIRRAJU, EN.NO. 30747808,. DEPT W1746, (PT-QMM), NO. 47, KEMBODI (V AND P), KOLAR TALUK AND DISTRICT 563101. MOB 9036096379 / 9353854828. 43. MR. NAVEEN M, E.NO.30745178, DEPT. W7180 (MFP), NO. 59, 1ST MAIN, NANJAPPA LAYOUT, ADUGODI, BANGALORE 560030, MOB 9880820140. 44. MR. ARUN KUMAR M, E.NO.30748246, DEPT.W7180 AGED ABOUT 35 YEARS, NO.78, MUNISANJEEVAPPA LAYOUT, YELACHENAHALLI, KANAKAPURA MAIN ROAD, JP NAGAR POST, BANGALORE-560078, PHONE 9900655473. 45. MR PRADEEP N, 11 E.NO.30746122, DEPT W7180, AGED 36 YEARS, S/O LATE P.N.NARASIMHAIAH, NO.58/1, 1ST MAIN, 5TH CROSS, PANDURANGAPPA BUILDING, GORAGUNTEPALYA, BANGALORE 560022. PHONE 9986437393/9986437388. 46. MR ANANTHA D, S/O DEVARANGE GOWDA, E.NO.30748200, DEPT. W6840/W3710, AGED 35 YEARS, NO.13, PUNYAKOTI NILAYA, BINNAMANGALA, NEAR VISHWASHANTHI ASHRAMA, NELAMANGALA-562123, ALSO RESIDING AT KENCHENA HALLI VILLAGE, HERAGU POST, DODDA HOBLI, HASSAN TQ AND DISTRICT 573201. PHONE 9606602105. 47. MR VISHWANATH G, E.NO.30748914, DEPT.W6530 AGED 35 YEARS, VINAYAKA NILAYA, DEVASANDRA MAIN ROAD, 1ST CROSS, NETHRAVATHI EXTN. NEAR TENT ROAD, K R PURAM, BANGALORE-560036, PHONE9164630684. 48. MR SRIDHAR A, E.NO.30748941, DEPT. W7700, AGED 35 YEARS, NO.19, 19TH CROSS, 3RD MAIN, NEAR MUNESHWARA TEMPLE, PARIMALA NAGAR, NANDINI LAOUT, BANGALORE-560096, PHONE. 9844609828. 49. MR CHETHANA D K E.NO.30753186, 12 DEPT. POWER TOOLS/ W3120, AGED 32 YEARS, DODDAKONDGULA VILLAGE, HALE KOPPALU POST, KASABA HBOLI, HASSAN (TQ AND DIST)-573201 PHONE. 9008396031. 50. MR V P RAJESHA, W.NO.30753088, DEPT. W3850/DS.ENP2, AGED 37 EYARS, NO.53, VADDARAHALLI, BELAVADI POST, CHIKKAMAGALORE (TQ AND SIT)-577146 PHONE 8762961716. 51. MR KUMAR G, E.NO.30753300, DEPT. POWER TOOLS, AGED 34 YEARS, GORUR, SOLUR POST, SOLUR HOBLI, MAGADI TQ. RAMANAGARA DISTRICT, PHONE 9902708453. 52. MR MOHANA KUMAR H P, E NO.30748923, DEPT W3810/CALIBRATION, AGED ABOUT 34 YEARS, 261, 8TH B CROSS, DEFENCE COLONY, BAGALAGUNTE, BANGALORE-560073, PHONE-9844207221. 53. MR UMESHRAJ, E NO. 30748870, DEPT-POWER TOOLS, AGED ABOUT 35 YEARS, S/O SHANKARA MARAKALA, 33, SHIROORU VILLAGE, SHIROORU MUDDUMANE POST, UDUPI(TQ AND DIST)-576223, PHONE-9663671591. 54. MR GOWTHAM L, E NO.30746015, 13 DEPT W3200/W3810, AGED ABOUT 33 YEARS, 2515, 10TH MAIN, RAJAJINAGAR 2ND STAGE, BANGALORE-560010, PHONE-7899714404. 55. MR HARISHA N, E NO.-30747853, DEPT W3810/GLOW PLUG, AGED ABOUT 33 YEARS, 131, 3RD MAIN, BHARATHI LAYOUT, SG PALAYA, DRC POST, BANGALORE-560029, PHONE-9902385226. 56. MR VISHWANATH M, E NO.30746088, DEPT W6310, AGED ABOUT 34 YEARS, 21, SRI LAKSHMI VENKATESHA NILAYA, 1ST CROSS, NANJAPPA LAYOUT, ADUGODI, BANGALORE-560030, PHONE-9008404714. 57. MR HARISH, E NO.30747899, DEPT W3810, AGED ABOUT 35 YEARS, KAJE DARKAS HOUSE, MACHINA(V AND P), BELTHANGADI TQ, DAKSHINA KANNADA DIST-574224, PHONE-9902594532/9480954541. 58. MRS MANJULA H K, E NO.30744516, DEPT W3710, AGED ABOUT 39 YEARS, 123, 14TH CROSS, 19TH MAIN, RAJAJINAGAR BANGALORE-560010 14 PHONE-9880022574/9449124574. 59. MR KIRAN B N, E NO.30745365, DEPT W7180, AGED ABOUT 35 YEARS, 51, 5TH B CROSS, KUVEMPUNAGAR, KATIGENAHALLI(NEAR GOVT SCHOOL) YELAHANKA, BANGALORE-560064, PHONE-9164375058. 60. MR GOVINDARAJU M, E NO 30747988, DEPT W6200/POWER TOOLS, AGED 34 YEARS, S/O MUNIKENCHAPPA, SANNA AMANIKERE, DEVANAHALLI POST AND TQ, BANGALORE - 562110, PHONE 973828207. 61. MR RAMESH K J, E NO 30744151, DEPT COS (RND), AGED 40 YEARS, S/O LATE JAVARAPPA, KARAKUCHI (V AND P), TARIKERE TQ, CHIKKAMAGALUR DIST -577144, PHONE NO 8660136164 / 9972677838. 62. MR SHANKARAPPA ACHANUR, E NO 30750651, DEP W 9812 / TEF, AGED 32 YEARS, NO 315, 6TH MAIN, MEENAKSHINAGAR, KAMALKSHIPALYA, BANGALORE - 560079, PHONE 9886505756 / 9742347600. 63. MR SANJEEV HAMPANNANAVAR, 15 E NO 30750660, DEPT W9813, AGED 34 YEARS NO 152, AMMA HOUSE, 2ND MAIN, 1ST CROSS, GEOLOGY LAYOUT, NAGARABHAVI 2ND STAGE, BANGALORE - 560072, PHONE 9611411100 / 9480010552. 64. MR YOGANANDA, E NO 30747023 DEPT W7180, AGED 35 YEARS, ANTHRAHALLI (VILLAGE AND POST), DODDABALLAPURA TQ, BANGALORE - 561203, PHONE 9986280970 / 9663654234. 65 . MR MANJUNATHA M S, E NO 30752150 DEPT W 3850, AGE 35 YEARS, S/O M SHIVAMURTHY, PANDOMATHI POST, CHANNAGIRI TQ, DAVANAGERE DIST- 577212, PHONE 8310921212 / 9980570623. 66. MR MUNIRAJU K N, E NO 30753104, W 3130/W3140, AGED 37 YEARS, KONDASANDRA VILLAGE, TUBAGERE POST, DODDABALLAPURA TQ, BANGALORE RURAL DIST, PHONE 9900759390. 67. MR MOHAMMED WASEEM S M, E NO 30744204, DEPT W 6530/W7530 AGED 36 YEARS, NO 342,. CHIKKA BAJANE STEET, SARJAPURA, BANAGALORE - 562125. PHONE 998653110 16 68. MR RANGE GOWDA M C, E NO.30752052 DEP 2W7506, AGED 36 YEARS, NO.26 2ND MAIN 3RD CROSS, VINAYAKANAGAR, NAGASANDRA POST, BANGALORE - 560 073. 69. MR HIDAYATH ULLA SHARIFF K S, E NO.30746934, DEP W6150, AGED 34 YEARS, S/O SHARIFF MOHALLA, NO.965 MADDUR MAIN ROAD, KUNIGAL TQ , TUMKUR DISTRICT - 572 130. 70. MR NAGESH BABU, AGED 38 YEARS, E NO.30748086 DEPT W6820, NO.38 C BLOCK, 1ST MAIN, 3RD CROSS TIRUMALA NAGAR ATTUR LAYOUT, YELAHANKA , BANGALORE - 560 064. 71. MR M P RAMESH, AGED 36 YEARS, E NO.30744366 DEPT W3850, S/O MUNIYAPPA NO.129/3, GOKUL BADAVANE, 2ND B CROSS DEVASANDRA, K R PURAM, BANGALORE - 560 036. 72. MR JAYANNA K N, AGED 35 YEARS, E NO.30748004, DEPT W6840, S/O NAGARAJAIAH K M, KATHINAGENAHALLI, SOMPURA POST, KORATAGERE TQ, TUMKUR DISTRICT. 73. MR SHIVARAM P, E NO.30752132, DEPT 2 3810, 17 AGED 36 YEARS, NO.613 SHAHI GARMENT ROAD, MAGADI MAIN ROAD, LAKSHMIPURA POST, CHIKKAGOLLARAHATTI, BANGALORE - 562 123. 74. MR H V PRAVEEN, E NO.30746961, DEPT 23850, AGED 37 YEARS, HIREBELAGULI VILLAGE, HOLE KOTE HOBLI, HOLENARASIPURA (P AND T), HASSAN (DISTRICT) 573 211. 75. MRS REKHA R, E NO.30744703, DEPT PT-BE/W3710 AGED 38 YEARS, NO.1803 10TH CROSS, 5TH MAIN RPC LAYOUT, VIJAYANAGAR , BANGALORE 560 040. 76. MRS BHARATHI D M, E NO 30744491, DEPT W3710, AGED 33 YEARS, 893, 44TH CROSS, 2ND STAGE, KUMARASWAMY LAYOUT, BANGALORE 560078. 77. MR NAVEENA M, E NO 30747210, DEPT W3720, AGED 37 YEARS, S/O MALLESHAPPA, BETTADASATHENAHALLI, BAGIVAL POST, HALEKOTE HOBLI, HOLENARASIPURA TQ, HASSAN DIST 573211. 78. MR REVANASIDDESHA C, E NO 30745329, S/O CHENNABASAVANA GOWDA, 393/C39, 1ST MAIN, 1ST CROSS, 18 TEACHERS COLONY, NEAR MANJUNATHA HIGH SCHOOL, AVARAGERE POST, DAVANAGERE DIST 577003. 79. HALESHA M D E NO 30745221, AGED 35 YEARS, S/O DUNDYAPPA M, BASAVAPATNA V AND POST CHANNAGIRI (T) DAVANAGERE DISTRICT 577551. 80. PRAKASHA K B, E NO 30747050, AGED 39 YEARS, S/O K BASAPPA, A-80, RAJAJINAGAR, 1ST CROSS, SL CHOWKI, NEAR BUS DEPOT QUARTERS, HOSPET (TQ), BALLARY DIST - 583201. 81. SUBRAMANI, E NO 30747185, W MFE 3530, AGED 36 YEARS, S/O MUNIAPPA, ANGONDANAHALLI, VILLAGE AND POST, MULABAGAL TQ, KOLAR DIST 563131. 82. MR DARAL SANDEEP FERNANDES, E NO 30749272, DEPT QMM-8, AGED 33 YEARS, S/O LATE DONALD FERNANDES, KIREHALLI VILLAGE, SUNDEKERE POST, KASABA HOBLI, SAKALESHPUR (TQ), HASSAN (DIST) - 573127. 83. MR THYAGARAJA D K, E NO.3074599 DEPT W3130, AGED 37 YEARS, C/O ESHWARAIAH, NO.06, 9TH CROSS PIPE LINE ROAD, T.DASARAHALLI, BANGALORE -560057, PHONE-9060835576. 84. MANU K S, E NO.30748095 DEPT W-6820, 19 AGED ABOUT 35 YEARS, S/O SURAPPA K C, M HOSAKOPPALU, H N PURA ROAD HASSAN-573201, PH-9964199105. 85. MR RAJESH R, E NO.30748905, DEPT W3850, AGED 35 YEARS, NO.120 IST MAIN ROAD KEMPEGOWDA LAYOUT, LAGGERE BANGALORE-560058, PHONE 9742462797/8217515709. 86. MR IMTIYAZ PASHA H M, E NO.30746060, DEPT W3200/W6230/W7660(QMW), AGED 34 YEARS, S/O LATE ABDUL MUNAF MUSLIM STREET, HAROHALLI POST (DIST)-562112, PHONE-8095687650/8217034450. 87. MR PARVEEZ PASHA, E NO.30746006 DEPT W3200/W3130/W3140, AGED ABOUT 37 YEARS, S/O CHAND PASHA NO.152, HUNASANAHALLI VILLAGE AND POST, KODIHALLI HOBLI KANAKAPURA (TQ), RAMANAGARA (DIST) -562119, PHONE -991689313/9740153138. 88. DHARSHAN R, E NO.30746113 DEPT TEF31, AGED ABOUT 34 YEARS, S/O RANGA SWAMY, NO.179 RAGHAVENDRA NILAYA, RAJEEV GANDHI NAGAR, NANDINI LAYOUT, BENGALURU-560 096, PH -9036107039. 89. LOKESH A, E NO.30747746, DEPT MFC11-3680, AGED 38 YEARS, 20 S/O ANNU GULLAGALALE VILLAGE, BAGE POST, SAKALESHPURA TQ, HASSAN DIST-573214, PH-8217353912. 90. MR RAMAKRISHNA, E NO.30747737, DEPT W3530, AGED ABOUT 36 YEARS, NO.313 KAVERI STREET, 4TH CROSS, UDAYANAGAR, BANGALORE-560016, PHONE-9916166226. 91. MR CHANDRA SHEKAR V, E NO.30749316 DEPT W3710, AGED 41 YEARS, NO.62, 12TH B CROSS, KODANDARAMAPURA, VYALIKAWAL, MALLESHWARAM, BANGALORE-560003, PHONE-9901819459. 92. MR RAJESH M R, E NO.30753168, DEPT W3700, AGED 34 YEARS, NO.1855/1, 7TH CROSS, C BLOCK, MAHADEVAPURA LAYOUT, MYSORE-570008, PHONE-9900504254. ...PETITIONERS (BY SMT PRAMILA NESARGI, SR. ADV. A/W SRU GEORGE ANTHONY CRUZ, ADVOCATE) AND: 1. BOSCH LIMITED, HOSUR ROAD, ADUGODI, BENGALURU - 560 030. 2. MR A GOPI KUMAR, VICE PRESIDENT, (COMMERCIAL PLANT MANAGEMENT). 3. MR. RAJENDRA B, 21 VICE PRESIDENT, (TECHNICAL PLANT MANAGEMENT). 4. MR. NAGARAJ M, SENIOR GENERAL MANAGER, (HUMAN RESOURCES ). 5. MR. H S RAMESH, DEPUTY GENERAL MANAGER, (HUMAN RESOURCES). 6. THE OFFICE OF THE DEPUTY LABOUR COMMISSIONER, REGION NO.2, KARMIKA BHAVANA, BANNERGHATTA ROAD, NEAR DIARY CIRCLE, BENGALURU - 560 029. ...RESPONDENTS (BY SRI KASTURI, SENIOR ADV. A/W SMT SUBHA ANANTHI, ADV. FOR R1 TO R4, SRI PRINCE ISAAC, AGA FOR R5 & R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF PETITION BY HONBLE DEPUTY LABOUR COMMISSIONER COURT BENGALURU AND PASSING THE ORDER DTD.01.10.2016 AND 08.02.2017 BY THE R-5 VIDE ANNEXURE-B AND H AND ETC. IN WP NO.12656/2021: BETWEEN: 1. MR IRAPPA BADIGER, E NO. 30744188, DEPT. W3250/6530, AGED ABOUT 33 YEARS, S/O MR ANNAPPA BADIGER, NO.968/1, SIDDESWARA NILAYA, 3RD CROSS, 3RD MAIN ROAD, BHEL MINI COLONY, MALLASANDRA, PIPELINE ROAD, T DASARAHALLI, 22 BENGALURU-560 057. 2. MR MARUTHI K H, E NO. 30747862, DEPT. W3910, AGED ABOUT 34 YEARS, S/O MR HANUMANTHE GOWDA, KUDUVANKUNTTE, KANAKUPPE POST, HEBBUR HOBLI, TUMKUR TALUK AND DISTRICT-572120. 3. MR RAJASHEKHAR JAMADAR, E NO. 30745187, DEPT. W3910, AGED ABOUT 35 YEARS, S/O MR CHANDRAKANTH, CHOWDAPURA POST, AFZALPUR TALUK, GULBARGA DISTRICT. 4. MR RAGHAVENDRA D M, E NO. 30752114, DEPT. W6820, AGED ABOUT 37 YEARS, S/O MR MARIYAPPA, M K DEVASANDRA VILLAGE, HORAGADDE POST, ANEKAL TALUK, BENGALURU-560 105. 5. MR YASHEANTH KUMAR V, E NO. 30750642, DEPT. W3850, AGED 36 YEARS, S/O MR VENKATACHELAYA, KARANJOKATTI, 10TH CROSS, MANIKANTH CIRCLE, KOLAR-563101. 6. MR V RAGHAVENDRA, E NO. 30749325, DEPT. W3360, 23 AGED ABOUT 34 YEARS, S/O MR VASUDEVA MURTHY A S, YELAHANKA STREET, DEVANAHALLI RURAL-562110. 7. MR NANDAPPA SANGAPPA GALAGALI, E NO. 30747014, DEPT. W6820, AGED ABOUT 35 YEARS S/O MR SANGHAPPA GALAGALI NO.47, SANGHAPURA (S.H), BABULESHWARA TALUK, VIJAYAPURA DISTRICT-586125. 8. MR KRISHNA A, E NO. 30744357, DEPT. W6530, 3530 AGED ABOUT 34 YEARS, S/O MR ADHIKESHAVAN, NO.6, 1ST CROSS, TOWER ROAD, KEMPAMMA LAYOUT, BENGALURU-560 096. 9. MR RAVI KUMAR, E NO. 30747620, DEPT. W7720, AGED ABOUT 36 YEARS, S/O BASAVEGOWDA, KALKERE, KODIGEHALLI POST, KASABA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT-572227 10. MR PRASANNA T, E NO. 30744678, DEPT. W3540/3550, AGED ABOUT 36 YEARS, S/O MR TIPPESWAMY, HOSADURGA, BIDGI POST, JAGALUR TALUK, DAVANGERE DISTRICT-577 513. 24 11. MR RAVI R, E NO. 30746202, DEPT. WPF51- MONO BLOCK, AGED ABOUT 34 YEARS, S/O MR RANGASWAMY, NO.1, 3RD CROSS, 1ST MAIN, KRISHNAPPA GARDEN, TAVAREKERE, BENGALURU-560 029. 12. MR LOKESHA C C, E NO. 30746042, DEPT. W6820, AGED ABOUT 38 YEARS, S/O MR CHANDRASHETTY, WARD NO.29, SOORU NO.38, BEHIND NALANDHA CONVENT, HUNNASINAKER LAYOUT, HASSAN-573201. 13. MR RAMESH D, E NO. 30745267, DEPT. W6530, AGED ABOUT 39 YEARS, NO.595, 5TH CROSS, VERABADRAPPA ROAD, BENGALURU - 560 033. 14. MR SANTHOSH B N, E NO. 30747096, DEPT. W3180/7720, AGED ABOUT 39 YEARS, S/O MR NARAYANA GOWDA, BASAVANAHALLI VILLAGE, GANJIKARE POST, KUNDR (H), HALLURU TALUK, HASSAN DISTRICT-573128. 15. MR KARUNESH K R, E NO. 30745310, DEPT. W3180/7720, AGED ABOUT 34 YEARS, S/O MR RAJAPPA K, KARANJIKATTI, 10TH CROSS 25 UJJANAHALLI, S R PURA POST, CHNNAPATNA TALUK, RAMANAGAR DISTRICT. 16. MR MANJUNATHA, E NO. 30748031, DEPT. W6530, AGED ABOUT 31 YEARS, S/O MR HOMBALAIAH, NO.12, 2ND MAIN ROAD, MADURA NAGAR, NEAR MOODALAPALYA CIRCLE, BENGALURU-560 072. 17. MR ANAND KUMAR C N, E NO. 30744464, DEPT. W3810, AGED ABOUT 34 YEARS, S/O MR NARAYANAPPA, NO.50, KEMPE GOWDA NAGAR, BYDRAHALLI, MAGADI MAIN ROAD, BENGALURU-560 091. 18. MR SHVIAKUMAR C R, E NO. 30745409, DEPT. W3180/7720, AGED ABOUT 35 YEARS, S/O MR RAJE GOWDA C K, NO.41/93, NAGADEVANAHALLI, MARIYAPPANA PALYA, BENGALURU-560 056. 19 . MR NAGARAJU H R, E NO. 30752169, DEPT. W3850/3130, AGED ABOUT 33 YEARS, S/O RANGASWAMY H G, HUTHRI DURGA, HUTHRI POST, KUNIGAL TALUK, TUMKUR DISTRICT-572126 20 . MR NAVEEN E, E NO. 30745230, 26 DEPT. W6610/6620, AGED ABOUT 36 YEARS, S/O MR ERANNA, NO.199, 4TH MAIN, VIDHYANAGAR, T DASARAHALLI, BENGALURU-560 051. 21. MR SHIVA KUMAR K N, E NO. 30753113, DEPT. 3850, AGED 31 YEARS, S/O MR NARARI GOWDA, KUNDUR VILLAGE, K N MANGALA POST, KUNIGAL TALUK, TUMKUR DISTRICT-572126 22. MR DHANRAJ, E NO. 30745276, DEPT. W3550/3510, AGED 33 YEARS, S/O MR REVANNASIDDAPA WARIK, NO.8/1305/129/2/116, REVANNASIDDESHA COLONY, KAPOOR ROAD, KALABURGI-585104. 23. MR SATHISH KUMAR K, E NO. 30752025, DEPT. W3580, AGED ABOUT 35 YEARS, S/O MR KRISHNAPPA, KODIYALLI VILLAGE, LAKKOOR POST, MALUR TALUK, KOLAR DISTRICT. 24. MR RAVI KUMAR K N, E NO. 30752123, DEPT. W3810, AGED 30 YEARS, S/O MR NARSIMHAIAH, NETTUR, KULMEPALYA, 27 HUTHRI DURGA, HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT. 25. MR SANTOSH S, E NO. 30747087 DEPT. W6530/3530 AGED ABOUT 33 YEARS S/O MR SHANMUKH SANGUNDI PLOT NO.20, GDA LAYOUT NEAR MANIKESWARI TEMPLE BRAHMAPURA, KALBURGI-585 103. 26. MR DODDASHANAIAH T C, E NO. 30752070, DEPT. W3850/7180, AGED ABOUT 33 YEARS, S/O MR CHIKKASHAIAH T G, TORELAKUPPE POST, KUNIGALT TALUK, TUMKUR DISTRICT-572120. 27. MR S MAHANTHESHI, E NO. 30745392, DEPT. W3150, AGED ABOUT 33 YEARS, S/O MR SIDDAPPA T, NO.192, SUBHRAM SHETTY ROAD, NETKALAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. 28. MR VEERESHA L C, E NO.30750526, DEPT. W6820/3520, AGED ABOUT 34 YEARS, S/O MR CHANDRAPPA, NO.12, SHIVARATHNA NILAYA, MADANAYAKANAHALLI, MADHAVAR POST, BENGALURU-562123. 28 29. MR RAMESHA R, E NO. 30748969, DEPT. W3810, AGED ABOUT 36 YEARS, S/O RANGAPPA C, NO.16, SVT COLONY, HEJJALA GATE, BIDADI HOBLI, RAMANAGAR (T AND D) 562109. 30. MR LOHITH G T, E NO. 30746097, DEPT. W3200, AGED ABOUT 32 YEARS, S/O MR THOPE GOWDA, GUNGURUMALE POST, TIPTUR TALUK, TUMKUR DISTRICT. 31. MR LINGARAJU K G, E NO. 30748932, DEPT. W3520, AGED ABOUT 34 YEARS, S/O MR GANGADHAR, K62, 10TH CROSS, 4TH MAIN ROAD, LAKSHMINARAYANPURAM, BENGALURU-560 021. 32. MR MANJACHARI T I, E NO. 30747041, DEPT. W3910-CRS, AGED ABOUT 35 YEARS, S/O MR IYYAYANNACHAR, GUNDAPANAHALLI, KOPPALU, KANDLI POST, HASSAN TALUK, HASSAN-573217. 33. MR RACHANNA S H, E NO. 30744240, DEPT. W6840/3850, AGED ABOUT 35 YEARS, S/O MR SHIVARAYA, 29 HONNAKIRANAGI POST, KALBURGI (T AND D). 34. MR NAGESH K N, E NO. 30753097, DEPT. W6200/6630, AGED ABOUT 33 YEARS, S/O MR NAGARAJU, W16, 15TH A CROSS, BASAPPA GARDEN, PIPELINE, MALLESWARAM, BENGALURU-560 003. 35. MR BASAVARAJA T, E NO. 30744687, DEPT. W3130/7180, S/O MRS KEMPAMMA T, KURUDIKITTUR POST, DAVANAGERE-577 012. 36. MR GIRISH D V, E NO. 30744259, DEPT. W3520/9718, AGED ABOUT 35 YEARS, S/O MR D P VENKATESHAIAH, NO.2/21, 11TH CROSS, BHOVIPALYA, MAHALAKSHMI LAYOUT, BENGALURU-560 086. 37. MR CHINNASWAMY, E NO. 30746952, DEPT. W3810/3520, AGED ABOUT 36 YEARS, S/O MR RAJACHARY, JYOTHI GOWDANAPURA POST, CHAMARJANAGAR (T AND D) 571 117. 38. MR DHARMARAYA, E NO. 30746159, DEPT. W6200/7570, AGED ABOUT 36 YEARS, S/O MR DATTAPPA IKKALAKI, ALAND TALUK, KALBURGI DISTRICT-585302. 30 39. MR NAGENRA KUMAR C, E NO. 30746195, DEPT. W6530/7570, AGED ABOUT 36 YEARS, S/O CHANNABASAPPA, NO.39, 10TH CROSS, SANJIVINI NAGAR, NEAR OM SHAKTHI TEMPLE, HEGGANAHALLI, BENGALURU-560 091. 40. MR LIMBAJI RATHOD, E NO. 30752089, DEPT. W6820/3850, AGED 33 YEARS, S/O MR LAKSHMANA RATHOD, BARATAGI LT2B TALUK, VIJAYAPURA DISTRICT-586119. ...PETITIONERS (BY SMT PRAMILA NESARGI, SR. ADVOCATE A/W SRI GEORGE ANTHONY CRUZ, ADVOCATE) AND: 1. BOSCH LIMITED, HOSUR ROAD, ADUGODI, BENGALURU-560 030, BY MR A GOPI KUMAR, VICE PRESIDENT, (COMMERCIAL PLANT MANAGEMENT) 2. MR RAJENDRA B, VICE PRESIDENT (TECHNICAL PLANT MANAGEMENT). 3. MR NAGARAJ M, SENIOR GENERAL MANAGER, (HUMAN RESOURCES). 4. MR H S RAMESH, DEPUTY GENERAL MANAGER, (HUMAN RESOURCES). ...RESPONDENTS 31 (BY SRI K KASTURI, SENIOR ADVOCATE A/W SMT K SUBHA ANANTHI, ADV. FOR R1 TO R4, SRI PRINCE ISAAC, AGA FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF PETITION NO.DLCB-2/1DA/CR-12/16- 17 AND PETITION NO.DLCB-2/IDA/CR-98/2015-16, BY HONBLE DEPUTY LABOUR COMMISSIONER COURT BENGALURU AND PASSING THE ORDER DTD. 01.10.2016 AND 08.02.2017 VIDE ANNX-B AND H PASSED BY THE R-5 AND ETC. IN WP NO.21703/2021: BETWEEN: 1. MR. KASHINATH BILUR, E NO 30744231, DEPT W 6630, AGED ABOUT 30 YEARS, S/O MR CHANNABASAPPA, NO 7, 8TH MAIN, BDA AVALAHALI PARK, NEAR KUVEMPU RANGAMANDIR, BSK 3RD STAGE, BENGALURU - 560085. 2. MR AMEENAPPA BHOVI, E NO 30744179, DEPT W3850, AGED ABOUT 33 YEARS, S/O M SHIVAPPA, NO 250/4, LAKSHMI NIVASA, 4TH CROSS, NEW VBAYAPPANAHALLI, INDIRANGARA, BENGALURU - 560038. 3. MR SHIVA KUMARA, E NO 30744213 DEPT W 6530, AGED ABOUT 32 YEARS, S/O MR KALEGOWDA, NO 1050, 12TH CROSS 1ST BLOCK BDA LAYOUT, JP NAGAR, 8TH PHASE, 32 SHARATHYNAGAR, BENGALURU - 560062. 4. MR MUTHU KUMARESAN C, E NO 30748790, DEPT W6630, AGED ABOUT 32 YEARS, S/O MR CHIDAMBARAM, NO.1863, 6TH BLOCK, SMV LAYOUT, NEAR GANESHA TEMPLE ROAD ULLAL UPPANAGAR, BENGALURU - 560056. 5. MR NAGESHA B, E NO 3074176, DEPT W 7570, AGED ABOUT 34 YEARS, S/O MR BASAVARAJU, C/O RAJKUMAR NO 23, 1ST CROSS, 1ST MAIN, PREETHINAGAR, LAGGERE, BENGALURU - 560058. 6. MR NANDISH B R, E NO 30744339, DPT W 6530, AGED ABOUT 34 YEARS, S/O MR RUDRAPPA B , NO 203 GOVINDARAJ NAGAR, NAGARBHAVI MAIN ROAD, BENGLAURU 560079. 7. PRAKASHA K M, E NO 30744419, DEPT W 3850, AGED ABOUT 35 YEARS, S/O MR VIJAYAKUMAR, NO 222,.14TH CROSS, 1ST MAIN ROAD, RAJIVGANDHI NAGAR, KEBBEHALLA, MAGADI MAIN ROAD, SUNKADAKATTE, BENGALURU - 560091. 8. MR GIREESH N, EN NO 30741742, OLD E NO 164715, DEPT W 7170 MFP, 33 AGED ABOUT 37 YEARS, S/O LT NAGARAJU C, SHREE MATRU KURPA, 3RD CROSS SIT EXTN, TUMKURU - 572103. 9. MR. VENKATESH K R, E NO 30742947, AGED ABOUT 37 YEARS, NO.10, NENAPUR BUILDING, 3RD CROSS, KANNDA KASTURI ROAD, T DASARAHALLI, BENGALURU - 560057 ...PETITIONERS (BY SMT PRAMILA NESARGI, SENIOR ADVOCATE A/W SRI GEORGE ANTHONY CRUZ, ADVOCATE) AND: BOSCH LIMITED, HOSUR ROAD, ADUGODI, BENGLAURU - 560030. BY 1. MR A GOPI KUMAR, VICE PRESIDENT, (COMMERCIAL PLANT MANAGEMENT). 2. MR RAJENDRA B, VICE PRESIDENT, (TECHNICAL PLANT MANGERMENT). 3. MR NAGARAJ M, SENIOR GENERAL MANAGER, (HUMAN RESOURCES). 4. MR H S RAMESH, DEPUTY GENRAL MANAGER, (HUMAN RESOURCES ). 5. THE OFFICE OF THE DEPUTY LABOUR COMMISSIONER REGION. 2, KARMIKA BHAVANA, BANNERGHATTA ROAD, NER DIARCY CIRLCE, 34 BENGALURU - 560029. ...RESPONDENTS (BY SRI K KASTURI, SENIOR ADVOCATE A/W SMT K SUBHA ANANTHI, ADVOCATE FOR R1 TO R4, SRI PRINCE ISAAC, AGA FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF PETITION BY HONBLE DEPUTY LABOUR COMMISSIONER COURT BENGALURU AND PASSING THE ORDER DTD 08.12.2017 AND 01.10.2016 VIDE ANNX-H AND B AND ETC. IN WP NO.23395/2021: BETWEEN: THE MANAGEMENT OF BOSCH LTD., (THE COMPANY EARLIER KNOWN AS MOTOR INDUSTRIES COMPANY LIMITED) PB NO.30000, HOSUR ROAD, ADUGODI, BANGALORE - 560030, REPRESENTED BY MR M GOPALAKRISHNA JOSHI, SR GENERAL MANAGER HR. ...PETITIONER (BY SRI K KASTURI, SENIOR ADVOCATE A/W SMT SUBHA ANANTHI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY , DEPARTMENT OF LABOUR, GOVERNMENT OF KARNATAKA , SECRETARIAT VIKAS SOUDHA , BENGALURU - 560001. 2. MR RAMAMKURTHY C K, E NO 30744455, DEPT W 3180, 35 S/O LATE KENCHAPPA, NO 157/8 PALEKEMMA NAGAR, CHIKKAJAL POST JALA HOBLI, BENGALURU - 562157. 3. MR HOSAKOTE NAGARAJ, E NO 30752178, DEPT W 3180, NO 59 II MAIN, I CROSS, SINGAPORE VILLAGE, VIDYARANYAPURA POST, BENGALURU - 560097. 4. MR SATHISH K S E NO 307444534, DEPT W 3720, NO.19, II FLOOR, IV CROSS, II MAI BHAIRAVA NAGARA, DUBASIPALYA, R V COLLEGE POST, BENGALURU - 560059. 5. MR V P RAJESHA, ENO 30753088, DEPT W3850 NO 53, VADDARAHALLI BELAVADI POST, CHIKKAMAGALORE TALUK AND DISTRICT - 577146. 6. MR RAGUNATHA M, E NO 30747808, DEPT W 1746, NO 1/47 KEMBODI V AND P, KOLAR TALUK AND DISTRICT - 563101 53, VADDARAHALLI, BELAVADI POST, CHIKKAMAGALORE TALUK AND DISTRICT - 577146 7. MR RAGHU KUMAR H V, E NO 30746079, DEPT W 3200, NO 1/47 KEMBODI (V AND P) S/O VEERAPPA R HEGGADEDEVAPURA, ALUR POST, DASANAPURA HOBLI, BENGALURU - 562162. 8. MR MAHADEVASWAMY, E NO 30746916, DEPT W 3850, S/O THOTAPPA, ANARASANTE (V AND P) H D KOTE TALUK, MYSORE - 571114. 36 9. MR SAPRPABHUSHANA G P, E NO 30747915, DEPT W 3710 NO 36/1, NEAR WATER TANK, SUBHASH NAGAR , NELAMANGALA - 562123. 10 . MR MAHESH KUMAR N, E NO 30744437, DEPT W 6530, NO.25 SKANDA LAYOUT, OPP AVALAHALLI BDA LAYOUT, J P NAGAR, 9TH PHASE, BENGALURU - 560062. 11 . MR MUNIRAJU B V, E NO 30745338, DEPT W 3130 NO 60, BASVAPATTANA MALAMACHANAHALLI POST, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT - 562102. 12 . MR NAVEEZ AHMED, E NO 30746033, DEPT W 6230 NO 63/1, I CROSS MUSLIM COLONY, JAYANAGAR I BLOCK, BYASANDRA, BENGALURU - 560011. 13 . MR VIJAYA KUMAR K B, E NO 30748219, DEPT W 7170, NO 110, II BLOCK , JNANABHARTH LAYOUT, ULLALA MAIN ROAD, NEAR AMMA ASHRAMA STOP, BENGALURU - 560011. 14 . MR MOHAMMED WASEEM S M, E NO 30744204, DEPT W6530, NO 342 CHIKKA BAJANE STREET, SARJAPURA ,BENGALURU - 562125. 15 . MR VIJAY KUMAR D, E NO 30748228, DEP TWW 6810, NO 6 HUVINAYAKANAHALLI, B K HALLI POST, JALA HOBLI, 37 BENGALURU - 562149. 16 . MR MANJUNATH P, E NO 30748255,DEPT TEF 31 NO 57, SHREE MAHAMAYA NILAYA, RAMANJANEYA LAYOUT, KUDLU, BENGALURU - 560068. 17 . MR KUMAR G, E NO 307553300, DEPT W 3710, GORUR, SOLUR POST, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT. 18 . MRS DEGUL SHAILAJA, E NO 30744507, DEPT NO W3710, NO 39/5 SLNS BUILDING, 5TH CROSS, KALYAN NAGAR, T DASARAHALLI, BENGALURU - 560037. 19 . MR MUTTURAJU, E NO 30745196, DEP TW 7180 NO 762, I MAIN COD QUARTERS, OPP KTM SHOW ROOM, K S TOWN, BENGALURU - 560060. 20 . MR S SANTHOSH, E NO 30748068, DEPT W 7590, NO.10B, CAUVERY STREET, ANJANEYA SWAMY LAYOUT, THINDLU, VIDYARANYAPURA BENGALURU - 560097. 21 . MRS CHETHANA D K, E NO 30753186, DEPT W 3120, DODDAKONDGULA VILLAGE, HALE KOPPALU POST, KASABA HOBLI, HASSAN TALUK AND DISTRICT - 573201. 22 . MR PRAVEEN KUMAR B M, E NO 30747906, DEPT W 3710, BASTIHALLI VILLAGE AND POST, HASSAN TALUK AND DISTRICT - 573201. 23 . MR GOVINDARAJU M, 38 E NO 30747988, DEPT W 6200, S/O MUNIKENCHAPPA, SANNA AMANIKERE, DEVANAHALLI POST AND TALUK , BENGALURU - 562110. 24 . MR MOHAN KUMAR H P, E NO 30748923, DEP T W 3810, NO 261, 8TH B CROSS, DEFENCE COLONY, BAGALAGUNTE, BENGALURU - 560073. 25 . MR M NAGENDRA, E NO 30745203, DEPT W 3710, S/O MUNSONNAPPA , CHEEMANGALA (V AND P ) SHIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT - 562102. 26 . MR GOWTHAM L, E NO 30746015, DEPT W 3200 NO 2515, 10TH MAIN, RAJAJINAGAR II STAGE, BENGALURU - 560010. 27 . MR. IMTIYAZ PASH H M, E NO. 30746060 DEPT. W3200 S/O LATE ABDUL MUNAF, MUSLIM STREET, HAROHALLI POST, KANAKAPURA TQ, RAMANAGARA DISTRICT - 562 112. 28 . MR. SANDEEPA P, E NO. 30747791, DEPT W3710, 302, 8TH B CROSS III MAIN, II BLOCK, NANDINI LAYOUT, BENGALURU - 560 096. 29 . MR. MUNIRAJU K N, E NO. 30753104, DEPT W3130, KONDASANDRA VILLAGE, TUBAGERE POST, DODDABALLAPURA TQ, BENGALURU RURAL DISTRICT. 30 . MR. HARISHA N, 39 E NO. 30747853, DEPT W3810, 131, III MAIN, BHARATHI LAYOUT, SG PALYA, DRC POST, BENGALURU - 560 029. 31 . MR. PARVEEZ PASHA, E NO. 30746006, DEPT W3200, S/O CHAND PASHA 152,HUNASANAHALLI VILLAGE AND POST, KODIHALLI HOBLI, KANAKAPURA TQ, RAMANAGARA DIST - 562 119. 32 . MR. NAVEEN M, E.NO. 30745178, DEPT W7180, 59, 1 MAIN, NANJAPPA LAYOUT, ADUGODI, BENGALURU - 560 030. 33 . MR. SACHIN D G, E. NO. 30747782, DEPT. W3710, 14 (OLD 83) I CROSS, I MAIN, SUBHAMANAGARA, BENGALURU - 560 027. 34 . MR. ANNAPPA V N, E NO. 167725 (OLD) 30746907 DEPT W3910, 637, III CROSS, HMT LAYOUT, GANGANAGARA, R T NAGARA, BENGALURU - 560 032. 35 . MR. NANDEESHA U B, E NO. 30744311, DEPT W6230, 3, III CROSS, RUSHABHAVATHI NAGAR, KAMAKSHIPALYA, BENGALURU - 560 079. 36 . MR. PRADEEPA B, E NO. 30744375, DEPT. W3850, KGS LAYOUT, PAPAREDDY PALYA, 40 NAGARABHAVI II STAGE, BENGALURU. 37 . MR. CHANDRAPPA U, E NO. 30746104, DEPT W3200, S/O LINGAMAIAH DEVALAPURA (V AND P) KAMPLI TQ, BELLARI DIST - 583 129. 38. MR. UMESHRAJ, E.NO. 30748870, DEPT. W3710, S/O SHANKARA MARAKALA, 33, SHIROORU VILLAGE, SHIROORU MUDDAMANE POST, UDUPI TQ AND DIST - 576 223. 39. MR. DARAL SANDEEP FERNANDES, E NO. 30749272, DEPT QMM-8, S/O LATE DONALD FERNANDES, KIREHALLI VILLAGE, SUNDEKERE POST KASABA HOBLI, SAKALESHPUR TQ, HASSAN DIST - 573 127. 40 . MR. SHANKRAPPA ACHANUR, E NO. 30750651, DEPT W9812, 315, 6TH MAIN, MEENAKSHINAGAR, KAMKSHIPALYA, BENGALURU - 560 079. 41 . MRS. REKHA R, E NO. 30744703, DEPT W3710, 1803 10TH CROSS, V MAIN, RPC LAYOUT, VIJAYANAGAR, BENGALURU - 560 040. 42 . MR. ANANTHA A, E NO. 30748200 DEPT W6840, 13, PUNYAKOTI NILAYA, BINNAMANGALA NEAR VISHWASHANTHI ASHRAMA, NELAMANGALA - 562 123. 43 . MRS. MANJULA H K, 41 E. NO. 30744516, DEPT W3710, 123, 14TH CROSS, 19TH MAIN, RAJAJINAGAR, BENGALURU - 560 010. 44 . MRS BHARATHI D M, E NO. 30744491, DEPT W3710, 893, 44TH CROSS, II STAGE, KUMARASWAMY LAYOUT, BENGALURU - 560 078. 45 . MR. SHARATH M, E.NO. 30753131, DEPT.W3700, S/O MAHADEVAPPA H B, 257, NEAR VASAVI SHANTI DHAMA, RING ROAD, ALANAHALLI, MYSORE - 570 028. 46 . MR. NAGESH BABU, E NO. 30748086, DEPT W6820, 38, C BLOCK, I MAIN, III CROSS, TIRUMALA NAGAR, ATTUR LAYOUT, YELAHANKA, BENGALURU - 560 064. 47 . MR. YOGANANDA, E NO. 30747023, DEPT W7180, ANTARAHALLI (VILLAGE AND POST), DODDABALLAPUR TQ, BENGALURU - 561 203. 48 . MR. RAGHAVENDRA S A, E NO. 30746943, DEPT W7180, S/O ANANDAPPA B N, SRI HOMBALAMMA NILAYA, OLD CHURCH ROAD,VENAKTESHWAR NAGAR, KADUR (P AND T),CHIKKAMAGALURU DIST - 577 548. 49 . MR. BASAVARAJU D K, E NO. 30747764, DEPTW3530, S/O ANANDAPPA B N, 42 DODDASOMANAHALLI VILLAGE AND POST TIPPASANDRA HOBLI, MAGADI TQ, RAMANAGARA DIST. 50 . MR. MAHESHA C R, E NO. 30753284, DEPT W3180, S/O RAJANNA, CHOLANAYAKANAHALLI (V AND P), BENGALURU - 562 120. 51 . MR. DEEPAK N S, E NO. 30748077, DEPT W3530, S/O SHIVARAME GOWDA, T NARASINAKUPPE, HULLANGALA POST, ARAKALAGUDU TQ, HASSAN DISTRICT. 52 . MR. PRAVEEN H V, E NO. 30746961, DEPT W3850, HIREBELAGULLI VILLAGE, HOLEKOTE HOBLI, HOLENARASIPURA (P AND T), HASSAN DIST - 573 211. 53 . MR. THYAGARAJA D K, E.NO. 30745999, DEPT. W3130, C/O. ESHWARAIAH, NO. 6, 9TH CROSS, PIPE LINE ROAD, T. DASARAHALLI, BENGALURU 560057. 54 . MR. YOGESHA K, E.NO. 30745418, DEPOT. W 3720, NO. 14, II FLOOR, VICROSS, MALLIGE THOTA, CHOLURUPALYA, MAGADI ROAD, BENGALURU - 560023. 55 . MR. PRAKASH L M, E. NO. 30745356, 43 DEPT. W6610, NO. 21, MAHALAKSHMI NILAYA, I FLOOR, SUVARNA NAGAR, DODDABIDARKALLU, NAGASANDRA POST, BENGALURU - 560073. 56 . MR. DHANESH KUMAR G, E. NO. 30747773, DEPT. W 7170, BHUVANAHALLI VILLAGE, DODDASONNE POST, DEVANAHALLI TALUK, BENGALURU 562110. 57 . MR. VINAY KUMAR S E.NO. 30752034,. DEPT W 3850, J NO. 266, II STAGE, A BLOCK, BUDAL ROAD, SPS NAGAR, DAVANAGERE 577006. 58 . MR. MANJUNATH M S EN. 30752150, DEPT W 3850, S/O. M. SHIVAMURTHY, PANDOMATHI POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT 577212. 59 . MR. SANJEEV HAMPANNANAVAR E.NO. 30750660, DEPT W9813, NO.152, AMMA HOME, II MAIN, I CROSS, GEOLOGY LAYOUT, NAGARABHAVI II STAGE, BENGALURU - 560072. 60 . MR. THILAKESH K S, E. NO. 30748013, DEPT W. 6840, S/O. SHIVAPPA , KOLLANGI VILLAGE, ABM HALLI POST, MALLIPATTANA HOBLI, 44 ARAKALAGUD TALUK, HASSAN DISTRICT. 61 . MR. RAMESH K J, E.NO. 30744151, DEPT RND, S/O. LATE. JAVARAPPA, KARAKUCHI VILLAGE POST, TARIKERE TALUK, CHIKKAMAGALURU DIST - 577144. 62 . MR.ARUN KUMAR M, E.NO.30740752, DEPT W3850, BEHIND URDU SCHOOL, NELAMANGALA MAIN ROAD, PAANDAVAPURA TOWN, MANDYA DIST. 63 . MR.KIRAN B.N. E.N.30745365, DEPT W7180, NO.51, 5TH B CROSS, KUVEMPUNAGAR, KATTIGENAHALLI (NEAR GOVT SCHOOL) YELAHANKA, BENGALURU-560 064. 64 . MR.RAJESH R, E.NO.30748905, DEPT 23850, NO.120, I MAIN ROAD, KEMPEGOWDA LAYOUT, LAGGERE, BENGALURU-560 068. 65 . MR.PRAKASH R, E.NO.30748530, DEPT W3720, NO.59, 11TH CROSS, INCOME TAX LAYOUT, BELLEKALLU ROAD, BEHIND EAST WEST COLLEGE, MAGADI ROAD, BENGALURU-560 091. 66 . MR.SHIVALINGE GOWDA M.D, E.NO.30747229, DEPT W3720, S/O DODDALINGE GOWDA, MAHIMANAHALLI, YADAMARANAHALLI POST, 45 UYYAMBALLI HOBLI, KANAKAPURA TQ, RAMANAGARA DIST. 67 . MR.HARISH, E.NO.30747899, DEPT W3810, KAJE DARKAS HOUSE, MACHINA (V AND P), BELTHANGADI TQ, DAKSHINA KANNADA DIST-574224. 68 . MR.SHIVARAM P, E.NO.30752132, DEPT W3810, NO.613, SHAHI GARMENT ROAD, MAGADI MAIN ROAD, LAKSHMIPURA POST, CHIKKAGOLLARAHATTI BENGALURU-562 123. 69 . MR.ARUN KUMAR M, E.NO.30748246, DEPT W7180, NO.78, MUNISANEEVAPPA LAYOUT, YELACHENAHALLI, KANAKAPURA MAIN ROAD, JP NAGAR POST, BENGLAURU-560 078. 70 . MR.NAVEENA M, E.NO.30747210, DEPT W3720 S/O MALLESHAPPA, BETTADASATHENAHALLI, BAGINAL POST, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DIST-573 211. 71 . MR PRADEEP N, E.NO.30746122 DEPT.W7180, S/O LATE P.N. NARASIMHAIAH, NO.58/1, I MAIN, 5TH CROSS, PANDURANGAPPA BUILDING, GORAGUNTEPALYA, BENGALURU-560022. 72 . MR CHAKRA PANI H L, E.NO.30747005, DEPT. W7180, NO.492, THIRUMALA LAYOUT, NER AKR MEMORIAL SCHOOL, HORAMAVU AGRAHARA, HORAMAVU POST, BENGALURU-560043. 46 73 . MR MANJUNATH SWAMY R, E.NO.30744295, DEPT.W3130 S/O RAMASWAMY REVANA MATA ROAD, KANDIKERE POST, CHIKKANAYAKANAHALLI TQ. TUMKUR DISTRICT. 74 . MR RANGANATHA B G, E.NO.30744268 DEPT. W6440 BANDISHETTIHALLI, BOOVANAHALLI POST, HOLENARASIPURA TQ. HASSAN DISTRICT. 75 . MR MANJUANTHA S N, E.NO.30752016, DEPT W 3850, NO.31, 13TH CROSS, I B MAIN, J C NAGAR, MAHALAKSHMIPURAM, BENGALURU-560086. 76 . MR SRIKANTA K R, E.NO.30744384, DEPT. W3510 NO.202, II MAIN, IV CROSS, KANIKA LAYOUT, BENGALURU 560026. 77 . MR MANJUNATHA M, E.NO.30745294 DEPT.W7170, S/O H MUNINANJAPPA NO.19, 17TH CROSS, IV BLOCK, PEENYA I STAGE, BENGALURU-560058. 78 . MR VENKATARAJA B K, E.NO.30744797 DEPT. W3710 S/O KRISHNAMURTHY B V, BIDALAPURA, REDDYHALLI POST, DEVANAHALLI TQ. 79 . MR AJAY B K, E.NO.30744348 DEPT. W3530, S/O B D KRISHNAMURTHY, NO.161/1, MG ROAD, NEAR BANASHANKARI TEMPLE, CHIKKAJAJUR, 47 CHITRADURGA DISTRICT 577523. 80 . MR HIDAYATHULLA SHARIFF K S, E NO 30746934, DEPT 26150, S/O SHARIFF MOHALLA, NO 965, MADDUR MAIN ROAD, KUNIGAL TALUK, TUMKUR DIST 572130. 81 . MR VIVEK P, E NO 30747568, DEPT W3710, NO 22/6, SIDDEGOWDA STREET, DODDAMAVALLI, BENGALURU 560004. 82 . MR MANJUNATHA H, E NO 30746024, DEPT W3130, 3/2 4TH CROSS, MAGADI ROAD, BENGALURU - 560023. 83 . ANIL N, E NO 30747880, DEPT W 3710, KADAPALA REDDYGARI PALLI MUDIMADAGU POST, SRINIVASAPURA TALUK, KOLAR DIST 563134. 84 . MR PANDURANGA N, E NO 30747693, DEPT 27560, NO 179, SAI ENCLAVE, LAKSHMIPURA, MADANAYAKANAHALLI MAIN ROAD, BENGALURU. 85 . MR RANGEGOWDA M C, E NO 30752052, DEPT W7560, NO.26, II MAIN III CROSS, VINAYAKANAGAR, NAGASANDRA POST, BENGALURU - 560073. 86 . MR PRASHANTH H C, E NO 30722304, DEPT W3850, NO 996, SRI BASAVESHWARA NILAYA, 7TH MAIN, HAVNOOR EXTN, HESARAGATTA ROAD, NAGASANDRA POST, BENGALURU 560073. 87 . MR SRIDHAR V. 48 W NO.30747871, DEPT W3720. NO.26 I MAIN II BLOCK, KANTEEERAVA NAGAR, BENGALURU-560 096. 88 . MR NATARAJU, E NO 3075319, DEPT W 3720, S/O LINGEGOWDA, KAMSAGARA VILLAGE, GAJANOOR PST, MALAVALLI TQ, MANDYA DIST 571430. 89 . MAHESH M, E NO 30747577, DEPT W6830, NO 13/1, KEMPANNA CROSS, DODDAMAVALLI, BENGALURU 560004. 90 . MR VISHWANATH M, E NO 30746088, DEPT 6310, NO.21, SRI LAKSHMI VENKATESHA NILAYA I CROSS, NANAJAPP LAYOUT, ADUGODI BENGALURU 560030. 91 . MR SHREENTAH J, E NO 30750517, DEPT W 3540, NO 94/J III BLOCK, VISHWESHWARAIAH, NEAR SBI BANK, ULLAL MAIN ROAD, BENGALURU 560056. 92 . MR RAMESH M P, E NO 30744366, DEP TW3850, S/O MUNIYAPPA NO 129/3 GOKUL BADAVANE, II B CROSS, DEVASANDRA, K R PURAM, BENGALURU 560036. 93 . MR SANTHOSHA S, E NO 30746970, DEPT W3850, NO 14, ANJANDARI NEW TOWN, 49 ACHUT NAGAR POST, BENGALURU 560107. 94 . MR MAHADEVA, E NO 30747648, DEPT W7730, SAVALAGI, SANAGUND POST, ALAND TQ, KALABURGI DIST 585326. 95 . MR BASAVARAJ LADDI, E NO 30753140, DEPT W 3730, HUNASHIKATTI VILLAGE AND POST, NARAGUNDA TQ, GADAG DIST 582207. 96 . MR RAMAKRISHNA, E NO 30747737, DEPT W 3530, NO 313, KAVERI STREET, UDAYANAGARA, BENGALURU 560016. 97 . RAMAKRISHNA, E NO 30747737, DEPT W3530 NO 313, KAVERI STREET, UDAYANAGAR, BENGALURU 560016. 98 . MR DIWAKARAN S, E NO 30747540, DEPT W3810, NO 17, 4TH CROSS, SIR MV NAGAR, KALKERE MAIN ROAD, RAMAMURTHY NAGAR, BENGALURU 560016. 99 . MR CHETHAN C, E NO 30748193, DEPT W7130, NO 52, 9TH MAIN, 9TH CROSS, PRIYADARSHINI LAYOUT, BHARATH NAGAR II STAGE, BYDARAHALLI, MAGADI ROAD, VISHWANEEDEM POST, BENGALURU 560091. 100 . MR JAYANNA K N, 50 E NO 3074480004, DEPT W6840, S/O NAGARAJAIAH, K MKJATHINAGENAHALI, SOMPURA POST, KORATAGERE TQ, TUMKURU DIST. 101 . VIDYADHARESHWARA M E, E NO 30748237, DEPT W7160, NO 115/66, KASHI NILAYA, 5TH CROSS, JAI MARATHI NAGAR NANDINI LAYOUT, BENGALURU 560096. 102 . MR RANGANATHA M, E NO.30746140, DEPT 23700, S/O MARUTHI RAO, OLD JALINGAR, I MAIN III CROSS, DAVANAGERE 577001. 103 . MR RAJESH M R, E NO.30753168, DEPT W3700, NO.1855/1 7TH CROSS, C BLOCK MAHADEVAPURA LAYOUT, MYSORE 570 008. 104 . MR CHANDRA SHEKAR V, E NO.30749316, DEPW W3710, NO.62, 12TH B CROSS, KODANDARAMAPURA VYALIKAVAL, MALLESHWARAM, BENGALURU 560 003. 105 . MR JAGADEESH V G, E NO.30744222, DEPT W6530, S/O GOVINDRAJ VOROHALLI, JADIGENAHALLI POST, HOSAKOTE TQ, BENGALURU 562 114. 106 . MR NARASIMHA MURTHY, E NO.30746177 DEPT 23530, NO.7/1 POOJAMMA TEMPLE ROAD, 51 GORAGUNTE PALYA, BENGALURU 560 022. 107 . MR SRIDHAR A, E NO.30748941, DEPT W7700, NO.19 19TH CROSS, III MAIN NEAR MUNESHWARA TEMPLE, PARIMALA NAGAR, NANDINI LAYOUT. BENGALURU 560 096 108 . MR KRUPENDRA KUMAR M, E NO. 30753177, DEPT W3720, NO.707 MARUTHI NAGAR, CHIKKABALLAPURA ROAD, KERE KODI VIJAYAPURA, BENGALURU (RURAL) 562 135. 109 . MR NAVEEN KUMAR D, E NO.30746168, DEPT W320, NO.1444 I CROSS, NEAR ST MARYS CONVENT, T DASRAHALLI, BENGALURU 560 057. 110 . MR GAJENDRA T, E NO.30744277, DEPT W 3540, S/O THIMMAPPA, ATTIGUNDA VILLAGE, ARALIHALLI POST, BHADRAVATHI TQ, SHIMOGA DISTRICT 577 233. 111 . MR SURESHA, E NO.30745202, DEPT W3550, C/O RANGASHETTY, KERIKERE POST, CHALLAKERE TQ, CHITRADURGA DISTRICT. 112 . MR VISHWANATH G, E NO.30748914, DEPT W6530, DEVASNAGARA MAIN ROAD, I CROSS NETHRAVATHI EXTN, EAR TENT ROAD, K R PURAM, BENGALURU - 560 036. ...RESPONDENTS (BY SRI PRINCE ISAAC, AGA FOR R1, 52 SMT PRAMILA NESARGI, SENIOR ADVOCATE A/W SRI GEORGE ANTHONY CRUZ, ADVOCATE FOR R2 TO R33 & R35 TO R50 AND R52 TO R112, SMT PRAMILA NESARGI, SR. ADVOCATE A/W SRI SHIVA SHANKAR, ADVOCATE FOR R34 & R51) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 28.06.2021 PASSED BY THE GOVERNMENT OF KARNATAKA DEPARTMENT OF LABOUR VIDE ANNX-C. ISSUE WRIT OF PROHIBITION FORBEARING THE COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMNAGAR IN REF/ID NO.11/2021 FROM PROCEEDING WITH THE DISPUTE REFERRED VIDE ORDER DTD 28.06.2021 AND ADJUDICATING THE DISPUTE VIDE ANNX-A AND QUASH THE PROCEEDINGS. IN WP NO.23730/2021: BETWEEN: THE MANAGEMENT OF BOSCH LTD., (THE COMPANY EARLIER KNOWN AS MOTOR INDUSTRIES COMPANY LTD), P B NO.3000, HOSUR ROAD, ADUGODI, BANGALORE - 560 030, REPRESENTED BY MR. M GOPALAKRISHNA JOSHI, SR GENERAL MANAGER HR. ...PETITIONER (BY SRI K KASTURI, SENIOR ADVOCATE A/W SMT SUBHA ANANTHI K, ADVOCATE) AND: 1 . STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY DEPARTMENT OF LABOUR, GOVERNMENT OF KARNATAKA SECRETARIAT, VIKAS SOUDHA, BANGALORE - 560 001. 2 . MR. KASHINATH BILUR, E NO. 30744231, DEPT NO.W-6330 AGED ABOUT 30 YEARS, S/O MR. CHANNABASAPPA, 53 NO.7, 8TH MAIN, BDA AVALAHALLI PARK, NEAR KUVEMPU RANGAMANDIR, BSK III STAGE, BANGALORE - 560 085. 3 . MR NAGARAJU H.K, E.NO.30747121, MAJOR, KRISHNACHARI, C/O NO.7 8TH MAIN, BDA LAYOUT, BSK 3RD STAGE, BENGLAURU -560085. 4 . MR PRASHANTH H.C, E NO.30749352, MAJOR , P.K.VASUDEVA RAO, C/O NO.7 8TH MAIN, BDA LAYOUT, BSK 3RD STAGE, BENGALURU-560 0085. 5 . MR. AMMENAPPA BHOVI, E NO. 30744179, AGED ABOUT 33 YEARS, DEPT W-3850, S/O MR. SHIVAPPA, NO.250/4, LAKSHMI NIVASA, 4TH CROSS, NEW BAYAPPANAHALLI, INDIRNAGAR, BENGALURU - 560 038. 6 . MR. SHIVA KUMAR, E.NO. 30744213, DEPT NO.W-6530, AGED ABOUT 32 YEARS, S/O MAR KALEGOWDA NO.1050, 12TH CROSS, 1ST BLOCK, BDA LAYOUT, J P NAGAR, 8TH PHASE, SHARATHYANAGAR, BENGALURU - 560 062. 7 . MR MUTHU KUMARA SEN C, E.NO. 30748790, DEPT NO.W-6630 AGED ABOUT 32 YEARS, S/O MR. CHIDAMBARAM, NO. 1863, 6TH BLOCK, SMV LAYOUT, NEAR GANESH TEMPLE ROAD, ULLAL UPANAGARA, BENGALURU - 560 056. 54 8 . MR. NAGESHA B, E.NO. 30747176, DEPT W-7570, AGED ABOUT 34 YEARS, S/O MR. BASAVARAJU, C/O RAJKUMAR, 23, 1ST CROSS, 1ST MAIN, PREETHINAGAR, LAGGERE, BENGALURU - 560 058. 9 . MR. NANDISH B R, E.NO. 30744339, DEPT W-6530, AGED ABOUT 34 YEARS, NO.203, GOVINDARAJ NAGAR, NAGARABHAVI MAIN ROAD. 10 . MR. NAVEENA K R, E.NO. 30748898, DEPT W-6530, AGED ABOUT 33 YEARS, S/O MR. RANGASWAMAIAH, NO.96, RANGANATHAPURA, KAMAKSHIPALYA, MAGADI MAIN ROAD, BENGALURU - 560 079. 11 . MR. PRAKASHA K M, E.NO. 30744419, DEPT W 3850, AGED ABOUT 35 YEARS, S/O MR. VIJAYAKUMAR, NO.222, 14TH CROSS, 1ST MAIN ROAD, RAJIV GANDHI NAGAR, KEBBAHALLA, MAGADI MAIN ROAD, SUNKADAKATTE, BENGALURU - 560 091. ...RESPONDENTS (BY SRI PRINCE ISAAC, AGA FOR R1, SMT PRAMILA NESARGI, SENIOR ADVOCATE A/W SRI GEORGE ANTHONY CRUZ, ADVOCATE FOR R2 AND R7, SMT PRAMILA NESARGI, SENIOR ADVOCATE A/W SRI SHIVASHANKAR, ADVOCATE FOR R3 AND R4, SMR SRIDEVI T R, ADVOCATE FOR R5, R6 & R8 TO R11) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF REFERENCE DATED 20.11.2019 PASSED BY THE GOVERNMENT OF KARNATAKA, 55 DEPARTMENT OF LABOUR AT ANNEXURE-C. ISSUE WRIT OF PROHIBITION FORBEARING THE II ADDITIONAL LABOUR COURT AT BANGALORE IN REF.NO.49/2019 FROM PROCEEDING WITH THE DISPUTE REFERRED VIDE ORDER OF REFERENCE DATED 20.11.2019 AND ADJUDICATING THE DISPUTES AT ANNEXURE-A AND QUASH THE PROCEEDINGS. IN WP NO.23786/2021: BETWEEN: THE MANAGEMENT OF BOSCH LTD., (THE COMPANY EARLIER KNOWN AS MOTOR INDUSTRIES COMPANY LTD.), P.B.NO.3000, HOSUR ROAD, ADUGODI, BANGALORE-560030, REPRESENTED BY MR.M.GOPALAKRISHNA JOSHI, SR.GENERAL MANAGER-HR. ...PETITIONER (BY SMT KASTURI K, SENIOR ADVOCATE A/W SMT SUBHA ANANTHI K, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LABOUR, GOVERNMENT OF KARNATAKA, SECRETARIAT, VIKAS SOUDHA, BANGALORE-560001. 2. IRAPPA BADIGAR, E.NO.30744188, DEPT.W3250/6530 AGED ABOUT 33 YEARS, S/O MR. ANNAPPA BADIGER, NO.968/1, SIDDEWARA NILAYA, 3RD CROSS, 3RD MAIN ROAD, BHEL MINI COLONY, MALLASANDRA PIPELINE ROAD, T.DASARAHALLI, BENGALURU-560057. 3. MARUTHI K N, E NO.307474862, DEPT. W3910, 56 AGED ABOUT 34 YEARS, S/OMR. HANUMANTHE GOWDA, KUDUVANKUNTEE POST, HEBBUR HOBLI, TUMKUR TALUK AND DISTRICT 572120. 4. RAJASHEKARA JAMADAS, E.NO.30745187, DEPT.W3910, AGED ABOUT 35 YEARS, S/O MR.CHANDRAKANTH, CHOWDAPURA POST, AFZALPUR TALUK, GULBARGA DISTRICT. 5. RAGHAVENDRA D M, E.NO.30752114, DEPT.W6820, AGED ABOUT 37 YEARS, S/O MR. MARIYAPPA, M.K.DEVASANDRA VILLAGE, HORAGADDE POST, ANEKAL TALUK, BENGALURU - 560105. 6. YASHAVANTH KUMAR V, E.NO.30750642, DEPT.W3850, AGED ABOUT 36 YEARS, S/O MR. VENKATACHELAYA, KARANJOKATTIM 10TH CROSS, MANIKANTH CIRCLE, KOLAR-563101. 7. V RAGHAVENDRA, E.NO.30749325, DEPT.W3360, AGED ABOUT 34 YEARS, S/O MR.VASUDEVA MURTHY A.S, YELAHANKA STREET, DEVANAHALLI, RURAL 562110. 8. NANJAPPA SANGAPPA GALAGALI, E.NO.30747014, DEPT. W6820, AGED ABOUT 35 YEARS, S/O SANGAHAPPA GALAGALI, NO.47, SANGHAPURA(S.H.), BABULESHWARA TALUK, 57 VIJAYAPURA DISRICT 586125. 9. KRISHNA A, E.NO.30744357, DEPT. W6530,3530 AGED ABOUT 34 YEARS, S/O MR. ADIHIKESHAVAN, NO.6, 1ST CROSS, TOWER ROAD, KEMPAMMA LAYOUT, NANDHINI LAYOUT, BANALORE-560096. 10. RAVI KUMAR, E.NO.30747620, DEPT.W7720, AGED ABOUT 36 YEARS, S/O BASAVEGOWDA, KALKERE, KODIGEHALLI POST, KASABA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT - 572227. 11 . PRASANNA T, E.NO.30744678, DEPT. W3540/3550, AGED ABOUT 36 YEARS, S/O TIPPESWAMY, HOSADURGA BIDGI POST, JAGALUR TALUK, DAVANAGERE DISTRICT 577513. 12 . RAVI R, EMP.NO.30746202, DEPT.WPF51 MONOBLOCK, AGED ABOUT 34 YEARS, S/O MR. RANGASWAMY NO.1, 3RD CROSS, 1ST MAIN, KRISHNAPPA GARDEN, TAVAREKERE, BENGALURU-560029. 13 . LOKESHA C C, EMP.NO.30746042, DEPT.W6820, AGED ABOUT 38 YEARS, S/O CHANDRASHETTY, WARD NO.29, SOORU, NO.38 BEHIND NALADHA CONVENT, HUNNASINAKERE LAYOUT, 58 HASSAN 573201. 14 . RAMESH D, EMP.NO.30745267, DEPT. W6530, AGED ABOUT 39 YEARS, NO.595, 5TH CROSS, VERABADRAPPA ROAD, BENGALURU-560033. 15 . SANTHOSH B N, EMP NO.30747096, DEPT. W3180/7720, AGED ABOUT 39 YEARS, S/O MR. NARAYANA GOWDA, BASAVANAHALLI VILLAGE, GANJIKARE PSOT, KUNDUR(H) HALLURU TALUK, HASSAN DISTRICT 573126. 16 . KARUNESH K R, EMP.NO.3074310, DEPT NO.W3180/7720, AGED ABOUT 34 YEARS, S/O MR. RAJAPPA K, KARANJIKATTI, 10TH CROSS, UJJANAHALLI, S.R.PURA POST, CHANNAPATNA TALUK, RAMANGARA DISTRICT. 17 . MANJUNATHA, EMP.NO.30748031, DEPT NO.W6530, AGED ABOUT 31 YEARS, S/O HOMBALAIAH NO.12/2ND MAIN ROAD, MADURA NAGAR, NEAR MOODALAPALYA CIRCLE, BENGALURU-560072. 18. ANAND KUMAR C N, EMP.NO.30744464, DEPT. NO.W3810, AGED ABOUT 34 YEARS, S/O MR. NARAYANAPPA, NO.50, KEMPE GOWDA NAGAR, BYDRAHALLAI, MAGADI MAIN ROAD, 59 BENGALURU-560091. 19. SHIVAKUMAR C R, EMP.NO.330745409, DEPT NO.W3810/7720, AGED ABOUT 35 YEARS, S/O MR RAJE GOWDA C.K. NO.41/93, NAGADEVANAHALLI, MARIAPPANNA PALYA, BENGALURU-560056. 20. NAGARAJU H R, EMP.N.30752169, DEPT NO.W3810/3130, AGED ABOUT 33 YEARS, S/O RANGASWAMY H.G. HUTHRI DURGA, HUTURI POST, KUNIGAL TALUK, TUMKUR DISTRICT 572126. 21 . NAVEEN E, EMP.NO.30745230, DEPT.NO.W6610/6620, AGED ABOUT 36 YEARS, S/O MR. ERANNA, NO.199, 4TH MAIN, VIDHYANAGARA T, DASARAHALLI, BENGALURU-560051. 22. SHIVAKUMAR K N, EMP.NO.30753113, DEPT NO.W3850, AGED ABOUT 31 YEARS, S/O NARARI GOWDA, KUNDUR VILLAGE, K.N.MANGALA POST, KUNIGAL TALUK, TUMKUR DISTRICT - 572126. 23. DHANRAJ, EMP.NO.30745276, DEPT NO.W3550/3510 AGED ABOUT 33 YEARS, S/O MR.REVANASIDDAPPA WARIK, NO.8/1305/128/2/116, REVANNASIDDESHA COLONY, 60 KAPOOR ROAD, KALABURGI 585104. 24. SATISH KUMAR K EMP.NO.30752025, DEPT NO.W3850, AGED ABOUT 35 YEARS, S/O MR.KRISHNAPPA, KODIYALLI VILLAGE, LAKKOOR POST, MALUR TALUK, KOLAR DISTRICT. 25. RAVI KUMAR K N, EMP.NO.30752123, DEPT NO.W38150, AGED ABOUT 30 YEARS, S/O NARASIMHAIAH, NETTUR, KULMEPALYA, HUTHRI DURGA, HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT 572126. 26. SANTOSH S, EMP.NO.30747087, DEPT. NO.W6530/3530, AGED ABOUT 33 YEARS, S/O MR SHANMUKH SANGUNDI, PLOT NO.20 GDA LAYOUT, NEAR MANIKESWARI TEMPLE BRAHMAPURA, KALBURGI 585103. 27. DODDASHANTHAIAH T C, EMP.NO.30752070, DEPT.NO.W3850/7180, AGED ABOUT 33 YEARS, S/O CHIKKASHAIAH T.G, TORELAKUPPE POST, KUNIGAL TLAUK, TUMKUR DISTRICT 572120. BY HIS LEGAL HEIRS 27(a) SRI YATISH RAJU T, AGED ABOUT 37 YEARS, BROTHER OF LATE DODDASHANAIAH T C, S/O CHIKKASANAIAH T G, RESIDENT OF TARALEKUPPA, 61 KOTHAGERE HOBLI, THREEDAKUPPE POST, KUNIGAL TALUK, TUMKUR DISTRICT-572120. 28. MAHANTESHI S, EMP.NO.30745392, DEPT.NO.W3150, AGED ABOUT 33 YEARS, S/O SIDDAPAP T, NO.192, SUBRAM SHETTY ROAD, NETKALLAPPA CIRCLE, BASAVANAGUDI, BANGALORE-560004. 29. VEERESHA L C EMP.NO.30750526 DEPT NO.W6820/3520, AGED ABOUT 34 YEARS, S/O CHANDRAPPA, NO.12, SHIVARATHAN NILAYA, MADANAYAKANAHALLAI, MADHAVARA POST, BENGALURU-562123. 30. RAMESH R EMP.NO.30748969 DEPT. NO.W3810 AGED ABOUT 36 YEARS, S/O RANGAPPA C, NO.16, SVT COLONY, HEJJALLA GATE, BIDADI HOBLI, RAMANAGARA (T AND D) 562109. 31. LOHIT G T, EMP.NO.30746097, DEPT.NO.W3200, AGED ABOUT 32 YEARS, S/O THOPE GOWDA, GANGURUMALE POST, TIPTUR TALUK, TUMKUR DISTRICT. 32. LINGARAJU K G EMP.NO.3074932, DEPT NO.W3520 AGED ABOUT 34YEARS, S/O MR GANGADHARA 62 K62, 10TH CROSS, 4TH MAIN ROAD, LAKSHMINARAYANAPURAM, BENGALURU-560021. 33. MANJACHARI T I, EMP.NO.30747041, DEPT NO.W3910-CRS, AGED ABOUT 35 YEARS, S/O MR. IYYAYANCHAR, GUNDAPANAHALLI, KOPPALU, KANDLI POST, HASSAN TALUK, HASSAN-573127. 34 . RACHANNA S N, EMP NO.30744240, DEPT NO.W6840/3550, AGED ABOUT 35 YEARS, S/O SHIVARAYA, HONNAKIRANAGI POST, KALBURGI (T AND D). 35 . NAGESH K N, E.NO.30753097, DEPT NO.W6200/6630, AGED ABOUT 33 YEARS, S/O MR. NAGARAJU, W16, 15TH A CROSS, BASAPPA GARDEN, PIPELINE, MALLESWARAM, BANGALORE-560033. 36 . BASAVRAJA T, E.NO.30744687, DEPT. NO.W3130/7180 S/O MRS. KEMPAMMA T, KURUDIKITTUR POST, DAVANAGERE 577102. 37 . GIRISH D V, E.NO.30744259, DEPT NO.W3520/9718, AGED ABOUT 35YEARS, S/O D.P/VENKATESHAIAH, NO.2/21, 11TH CROSS, 63 BHOVIPALYA, MAHALAKSHMI LAYOUT, BENGALURU-560086. 38 . CHINNASWAMY, E.NO.30746952, DEPT. NO.W3810/3520, AGED ABOUT 36 YEARS, S/O RAJACHERY, JYOTHI GOWDANAPURA POST, CHAMARAJANAGARA (T AND D) - 571117. 39 . DHARMARAYA, E.NO.30746159, DEPT. NO.W6200/7570, AGED ABOUT 36 YEARS, S/O DATTAPPA IKKALAKI, ALAND TALUK, KALBURGI DISTRICT 585302. 40 . NAGENDRA KUMAR C E.NO.30746195 DEPT NO.W6530/7570 AGED ABOUT 36 YEARS, S/O CHANNABASAPPA, NO.39,10TH CROSS, SANJIVINI NAAR,NEAR OM SAKTHI TEMPLE, HEGGANAHALLI, BANGALORE-560091. 41 . LIMBAJI RATHOD, E.NO.30752089, DEPT. NO W6820/3850, AGED ABOUT 33 YEARS, S/O MR. LAKSHMANA RATHOD, BARATAGI LT2B TALUK, VIJAYAPURA DISTRICT 586119. ...RESPONDENTS (BY SRI PRINCE ISAAC, AGA FOR R1, SMT SRIDEVI T R, ADVOCATE FOR R2 TO R10 & R12 TO R26 & R28 TO R41, SMT PRAMILA NESARGI, SENIOR ADVOCATE A/W SRI GEORGE ANTHONY CRUZ, ADVOCATE FOR R11 & R27) THIS WRIT PETITION IS FILED PRAYING TO QUASH THE IMPUGNED ORDER OF REFERENCE DTD.9.3.2021 64 PASSED BY THE GOVERNMENT OF KARNATAKA DEPARTMENT OF LABOUR AT ANNEXURE-C. ISSUE WRIT OF PROHIBITION FORBEARING THE II ADDITIONAL LABOUR COURT AT BANGALORE IN REF NO.7/2021 FROM PROCEEDINGS WITH THE DISPUTE REFERRED VIDE ORDER OF DTD.9.3.2021 AND ADJUDICATING THE DISPUTE AT ANNEXURE-A. IN WP NO.1434/2022: BETWEEN: 1. MR PRASHANTHA T V, E MP/30749352, AGED ABOUT 37 YEARS, S/O MR VSUDEVA RAO, 2ND CROSS ROAD, GANAPATHY TEMPLE, VALMIKI NAGAR, CHALLAKERE TALUK, CHITRADURGA DIST, NOW RESIDING AT NO.128/4, IST MAIN, 2ND BLOCK, GANESH MANDIR ROAD, THYGARAJANAGAR, BENGALURU-560028. 2. MR NAGARAJU H K, E NO.30747121, AGED ABOUT 36 YEARS, S/O MR KRISHNACHAR HANDRALU (P) AND (V) JAVAGAL, ARASIKERE (T), HASSAN-573122. 3. MR SHIVANANDA G K, E NO.166920/30744320 AGED ABOUT 34 YEARS, S/O MR KUPPE GOWDA NO.153, BEHIND ANGANAVADI SCHOOL, GIRIMALLE GOWDA COMPOUND, GOWRIKOPPLU, HASSAN. 4. MR YOGESH K N, 65 E NO.30746925, AGED ABOUT 36 YEARS, S/O MR NAGARAJU, KEREKOPPLU VILLAGE, KADABAGALA (P), KUNDUR (H) ALUR TALUK, HASSAN DIST-573214. 5. MR LAKSHMIKANTH K H, E NO.30743526, AGED ABOUT 41 YEARS, S/O MR HANUMANTHA SHETTY NO.4/17/1, IST MAIN, THAVAREKERE MAIN ROAD, CHIKKA ADUGODI, BRUNDAVAN NAGAR, DRC POST, BENGALURU-560029. 6. MR SUNIL KUMAR K R, E NO.30747700, AGED ABOUT 37 YEARS, S/O MR RANGA SWAMY K R, KANIVEHALLI VILLAGE, LAKYA POST CHICKMAGALORE (T) AND (D) -577168 NOW RESIDING AT D NO.121, 6TH CROSS, DEVEGOWDA BLOCK, AUDGODI (P) ADUGODI, BENGALURU-560030. 7. MR MADHUKUMAR, E NO.30744286, AGED ABOUT 38 YEARS, S/O KANCHE GOWDA, KANCHAMARANAHALLI KADAGA POST, NEAR MCF HASSAN (T) AND (D)-573201. 8. MR UMESH M N, E NO.30748521, AGED ABOUT 40 YEARS, S/O MR NIRANJAN NO.GOBBLI GRAMA KONANUR (H), KATEPURA (P), ARAKALAGUDI (TALUK), HASSAN DISTRICT-573201. 9. MR UMESH H, E NO.30747595 OLD E NO.168866, 66 AGED ABOUT 36 YEARS, S/O VENKATAPPA, KAVAL PALYA, DODDAMUDIGERE (P) THIPPASANDRA HOBLI, MAGADI TALUK,RAMNAGAR DISTRICT-562159. 10. MR RAJESH B R, E NO.30753159, S/O RAJAGOPAL V, AGED ABOUT 37 YEARS, R/AT NO.81, 5TH CROSS, POLICE LAYOUT, KANCHANAYAKANAHALLI BOMMANDRAINDUSTRIAL, ANEKAL TALUK, BENGALURU. 11. MR GIRISH G, E NO.30747657, S/O GOVINDARAJU G M, GONIHALLI YALACHIGERE (H), KOLALA HOBLI, KORATAGER TALUK, TUMKUR DIST-572140. 12. RAJASHEKAR D B, E NO.30SSS747684, S/O BORAIAH B, AGED ABOUT 36 YEARS, GIDADASAPURA YALAGADAVI (POST), KUNIGAL TALUK, TUMKUR DISTRICT. 13. PRAKASHA M, E NO.30746186, S/O MUNIKRISHNAPPA, AGED ABOUT 37 YEARS, AKKIMANGALA (V), SANTHEKALL HALLI (P),CHINTHAMANI (T), CHIKKABALLAPURA DISTRICT-563128. 14. RAMESH K J, E NO.30744151, S/O LATE JAVARAPPA, AGED ABOUT 42 YEARS 67 KARAKUCHI (HO), TARIEKRE (TQ), CHIKKAMAGALURU-577144. 15. ANNAPPA V N, E NO.30746907, S/O NINGE GOWDA, AGED ABOUT 39 YEARS, NO.637, 3RD CROSS, HMT LAYOUT, GANGANAGAR, R T NAGAR, BENGALURU-560032. 16. DEEPAK N S, E NO.30748086, S/O SHIVARAME GOWDA, AGED ABOUT 37 YEARS, NARASINA KUPPE, HULLANGALA POST, ARAKALAGUDU (TALUK), HASSAN DISTRICT-573201. 17. ERANNA SHASTRI, E NO.30748889, S/O SHIVARUDRAPPA, AGED ABOUT 36 YEARS, ANJANAPURA V AND P KAILANCHA (H), RAMANAGAR (T) AND (D)-562159. 18. BASAVARAJU D K, E NO.30747764, S/O KARIYAPPA, AGED ABOUT 37 YEARS, DODDASOMANAHALLI TIPPASANDRA (H) MAGADI (T), RAMANAGAR (D)-562131. 19. ARUN KUMAR K S, E NO 3074446, S/O SEENA, AGED 38 YEARS NO 12/90, KARNAD MULKY, MANGALURU (T), D K DIST 574154. 20. RAMESH M N, E NO 30747103, S/O NANJAPPA, MUDLUKOPPALU VILLAGE, 68 SHIRANGLA (P), SOMWARPET (T) KODAGUD - 571201. 21. KUMARASWAMY B, E NO 30745427, NO.31, WARD 7, 6TH CROSS 1ST MAIN, SINGASANDRA, HOSUR MAIN ROAD, BENGALURU - 560068. 22. CHANDRA MOULESWARA, S/O GURUNATH RAO, E NO 30749263, AGED ABOUT 39 YEARS, NO 318, KALPATHURU NILAYA, 8TH CROSS, NAGARAVARA PALYA, C V RAMAN NAGAR, BENGALURU - 560093. 23. SEENAPPA H H, S/O HONNNAPPA, E NO 30747194, AGED ABOUT 38 YEARS, HOSA BIJJANA BELLA VILLAGE, GOPALDEVARAHALLI (P), SIRA TQ, TUMKURU DIST - 572125. ...PETITIONERS (BY SMT PRAMILA NESARGI, SENIOR ADVOCATE A/W SRI SHIVASHANKAR, ADVOCATE) AND: 1. BOSCH LIMITED, HOSUR ROAD, ADUGODI, BENGALURU - 560030, REG UNDER COMPANY ACT 1956 REPRESENTED BY ITS MR A GOPI KUMAR VICE PRESIDENT, (COMMERCIAL PLANT MANAGEMENT). 2. MR RAJENDRA B, VICE PRESIDENT, (TECHNICAL PLANT MANAGEMENT). 69 3. MR NAGARAJA M, SENIOR GENERAL MANAGER, (HUMAN RESOURCES). 4. MR H S RAMESH, DEPUTY GENERAL MANAGER, (HUMAN RESOURCES). 5. THE OFFICE OF THE DEPUTY LABOUR COMMISSIONER, REGION 2, KARMIKA BHAVAN, BANNERGHATTA ROAD, NEAR DIARY CIRCLE, BENGALURU 560029. ...RESPONDENTS (BY SRI K KASTURI, SENIOR ADVOCATE A/W SMT K SUBHA ANANTHI, ADV. FOR R1 TO R4, SRI PRINCE ISAAC, AGA FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF PETITION NO. DLCB-2/IDA/CR-125/16- 17 AND PETITION NO.DLCB-2/IDA/CR-98/2015-16 BY HONBLE DEPUTY LABOUR COMMISSIONER COURT BENGALURU AND PASSING THE ORDER DTD. 01.10.2016 AND 02.02.2017 VIDE ANNX-B AND H PETITIONERS ARE CONCERNED AND ETC. THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 07TH JULY, 2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE 70 CAV ORDER These two batches of Writ Petitions involve petitions by both the Employer and the Workmen. (i) 92 workmen filed Writ Petition No.17695/2021. (ii) 40 workmen filed Writ Petition No.12656/2021, and one of the petitioners died during the pendency of the petition. (iii) 10 workmen filed Writ Petition No.21703/2021 (iv) 23 workmen filed Writ Petition No.1434/2022. In all, 165 former workmen of the respondent company are the petitioners in the aforementioned writ petitions. 2. In all four petitions referred to above, workmen have assailed the validity of the settlement dated 08.02.2017, wherein the Deputy Labour Commissioner, Region- 2, Bengaluru / the Conciliation Officer has accepted the settlement said to have been entered into between the Workmen and the Management. 71 3. Writ Petition No.23395/2021 is filed by the Company against 110 workmen assailing the order dated 28.06.2021, in LD-IDM/334/2021-LD-DO-6 passed by the appropriate Government, referring the dispute for adjudication pending in Ref.No.11/21. 4. Writ Petition No.23786/2021 is filed by the Company against 40 workmen, assailing the reference order dated 09.03.2021 in LD-IDM/104/2021-LD-DO-6 passed by the appropriate Government referring the dispute for adjudication pending in Ref.No.7/21. 5. Writ Petition No.23730/2021 is filed by the Company against 10 workmen, assailing the reference order dated 20.11.2019 in LD-IDM/371/2019-LD.DO.5.L.S passed by the appropriate Government referring the dispute for adjudication pending in Ref.No.49/19 6. For the sake of convenience, the employees are to as Workmen and the Company is referred to as the Employer in all petitions. 7. Heard the learned Senior counsel Smt.Pramila Nesargi for the Workmen, learned senior counsel Sri 72 K.Kasturi for the Employer, and the learned Additional Government Advocate for the officials under the Industrial Disputes Act, 1947 (for short, 'Act, 1947'). 8. Before referring to the rival contentions, it is necessary to set out the factual background. 9. Workmen who have filed the petitions were former employees of Bosch Limited and claim to have worked for the Company for more than 10 years. The Employer claims that the Workmen were contract employees, hired on a contract basis. 10. It appears that an industrial dispute arose between the Workmen and the Employer on the premise that the Workmen were denied employment from 16.08.2015. Before the Conciliation Officer, proceedings were held, and on 01.10.2016, the Conciliation Officer recorded that the conciliation failed and referred the matter to the appropriate Government. 11. It appears, parties thought of amicably negotiating a workable solution, and at the intervention of the minister for the concerned Industry, the conciliation 73 proceeding resumed before the jurisdictional Deputy Labour Commissioner. 12. In the said proceeding, on 08.02.2017, the settlement was recorded. Workmen received Rs 14 lakhs each towards the full and final settlement of their claim. Receipt of Rs.14 lakhs each by the Workman is not in dispute. 13. Some of the Workmen raised an industrial dispute questioning the validity of the settlement. 14. Workmen referred to above have filed the writ petitions questioning the validity of the settlement dated 08.02.2017. The Employer has filed the petitions questioning the orders referring the dispute to the Labour Court. 15. Learned Senior counsel appearing for the petitioners/Workmen raised the following contentions: (a) In the first conciliation proceeding, after several meetings, on 01.10.2016, the Conciliation Officer recorded that the conciliation proceeding failed and reported to the appropriate Government. Once the conciliation proceeding is closed as having failed, and a 74 report is sent to the Government for further action, neither the Additional Chief Secretary to the Department of Labour nor the Deputy Commissioner of Labour will have the jurisdiction to initiate the conciliation proceeding afresh, and the settlement projected by the Employer in the said second conciliation proceeding could not have been accepted. (b) The Labour Commissioner allegedly has referred the matter to the Deputy Labour Commissioner vide order dated 27.02.2017 to hold second conciliation proceedings. Said order dated 27.02.2017, by the Labour Commissioner is without jurisdiction. The Deputy Labour Commissioner, even before commencing the proceeding on 27.02.2017, signed the disputed settlement report dated 08.02.2017, projected against the Workmen and the entire process is contrary to the procedure contemplated under the Act, 1947, and there is no settlement in the eye of law. On 08.02.2017, no conciliation proceeding was held is also the contention. 75 (c) The procedures contemplated under Section 25N of the Act, 1947, are not followed. Alleged settlement dated 08.02.2017 has not been duly published and gazetted as required under the law. (d) The Workmen who have questioned the alleged settlement have put in more than ten years of continuous service under the Employer, and they cannot be retrenched in the manner they have been retrenched. (e) The Employer has secured a huge extent of land running into 100 acres from the Government on the assurance that employment would be provided to the people from Karnataka and within a year, without following any procedure, petitioners/Workmen have been denied employment and the industrial dispute raised by the Workmen needs to be adjudicated by the Labour Court. (f) Alleged settlement was extracted under force, coercion, and threat, and the Workmen were not allowed to read the terms of settlement, which are in English, and 76 without allowing any breathing time, the Workmen were made to sign the settlement. (g) Some of the Workmen refused to sign the terms of the settlement on 08.02.2017, when they were called to the Employer's premises at Bidadi. Later, the officials of the Employer went to the residence of those Workmen who refused to sign the settlement and got the Workmen's signatures on the settlement deed under coercion and force. (h) In the alternative, assuming that procedure as contemplated for retrenchment is followed by the Establishment, under sub-clause (3) of Clause (17) of Standing Orders, the Employer was bound to pay wages to the Workmen in terms of the provisions of the Factories Act, 1948 and the Payment of Wages Act,1936. 16. Learned Senior Counsel for the Employer raised the following contentions: (a) The settlement dated 08.02.2017 is voluntarily executed in the presence of a Conciliation Officer. The 77 settlement is binding on the Workmen in view of the mandate of Sections 18 and 19 of the Act, 1947. (b) Settlement was arrived at in the presence of the Union leaders. Later, all the Workmen voluntarily signed the terms of settlement, and in terms of the settlement, the Workmen have received Rs.14.00 lakhs each in two installments of Rs.7.00 lakhs. The settlement is acted upon. Having received Rs.14.00 lakhs, as agreed in the year 2017, it is not open to the Workmen to file Writ Petitions in the year 2021 alleging that the workmen were forced to sign the terms of the settlement under force, coercion, and threat. (c) In view of the settlement dated 08.02.2017, the Industrial Dispute does not exist between the Workmen and the Employer, as the relationship of employer and employee has come to an end by way of an amicable settlement. (d) In the alternative, the writ petitions are not maintainable as the Workmen have raised industrial disputes and the disputes are referred for adjudication. 78 (e) The petitions filed in 2021 questioning the settlement dated 08.02.2017 are hit by delay and laches, and alleged pleas of fraud and coercion are not acceptable, and the said contentions cannot be raised in a writ petition under Article 226 of the Constitution of India. (f) In case, the Workmen are to question the settlement, they have to deposit the amount received by them under the settlement. Having retained the monetary benefits conferred under the settlement, the Workmen cannot raise the dispute without depositing the money received under the settlement. (g) Second conciliation proceeding under the Act, 1947, is not barred if first conciliation proceeding has failed and a failure report is sent to the Government. 17. The learned Additional Government Advocate has urged that the reference orders are valid and the dispute has to be adjudicated by the Labour Court, and prayed for dismissal of the petition filed by the employer. 18. This Court has considered the contentions raised at the bar and perused the records. 79 19. From the records, it is noticed that the Conciliation Officer concluded that the conciliation failed and sent a report on 01.10.2016 to the Additional Chief Secretary, Department of Labour, to take further action for referring the dispute for adjudication. These facts are not in dispute. 20. The Employer claims that one more conciliation proceeding was held at the request of both Workmen as well as the Employer at the intervention of the Minister for Minimum and Large-Scale Industries. It is stated that the Additional Chief Secretary to the Department of Labour has addressed a letter to the Commissioner of Labour, who, in turn, further sent a letter to the Deputy Commissioner of Labour to reopen the conciliation proceeding and attempt one more conciliation. 21. Employer claims that second conciliation initiated at the request of both the Employer and the Workmen ended in a settlement as recorded on 08.02.2017. 22. It is admitted that the settlement dated 08.02.2017 is signed by the Workmen. Each Workman has received Rs.14 lakhs as a severance package. However, 80 Workmen allege that the settlement is contrary to law and is the outcome of fraud, coercion, and threat. 23. In the light of the contentions raised, the following points would arise for consideration: (a) Whether the appropriate Government, which has received the conciliation failure report under Section 12(4) of the Act, 1947, in respect of a dispute, can refer the matter for conciliation at the request of the parties? (b) Whether the Conciliation Officer under the Act, 1947, can hold a conciliation proceeding afresh, after having sent the conciliation failure report to the Government? (c) Whether the appropriate Government can refer the dispute relating to a settlement arrived at under Section 12(3) of the Act, 1947, for adjudication and if so, on what consideration? (d) Whether the Workmen have made out a case to entertain the writ petitions under Article 226 of the Constitution of India to set aside the settlement dated 08.02.2017 on the premise that the settlement is vitiated on account of force, threat, and coercion by the Management as alleged? 81 24. Question (a) is on the jurisdiction of the Government to refer the matter to the Conciliation Officer, after the receipt of a conciliation failure report. Sections 11 and 12 of the Act, 1947, provide for conciliation. In the event of failure of the conciliation proceeding to bring about an amicable resolution of the dispute, the Conciliation Officer has to submit the report under Section 12(4) of the Act, 1947, to the appropriate Government. The Act, 1947, does not contain any express provision that prohibits 2nd conciliation proceeding in the event of failure of first conciliation proceeding. 25. Under Section 12(5) of the Act, 1947, on receipt of the conciliation failure report, the appropriate Government has to take a call as to whether the dispute is to be referred for adjudication or not. Based on its conclusion on said question, it has to proceed further. 26. There is no provision in the Act, 1947, that prevents or prohibits the appropriate Government from referring the matter back to the Conciliation Officer if there is a joint request by both parties to have one more conciliation 82 proceeding before the Conciliation Officer. It is equally true that there is no embargo on the parties to make a joint request for one more attempt for conciliation in the presence of a Conciliation Officer, in case the conciliation failure report is already sent by the Conciliation Officer to the appropriate Government. 27. Merely because first attempt to resolve the dispute through conciliation has failed and the report is submitted to the appropriate Government by the Conciliation Officer, the parties are not precluded from entering into a settlement, and for that purpose, the parties can certainly make a joint request to refer the matter for conciliation. 28. If the provisions of the Act, 1947 are interpreted to hold that the appropriate Government has no power to entertain joint request for conciliation proceeding, on the premise that Conciliation Officer has already sent the failure report, then it is as good as saying that the dispute has to undergo the process of adjudication or settlement only before the Tribunal or Labour Court. Such an interpretation does not gel with the philosophy of the Act, 1947, which gives primacy to amicable resolution of industrial disputes. 83 The Act, 1947, envisages preference to conciliation to resolve the industrial disputes resulting in a win-win situation for both Workmen and the Establishment, in the presence of a neutral Conciliator, rather than adjudication in the Labour Court/Tribunal. The concept of dispute resolution through conciliation has been in the Scheme of the Act, 1947, since its inception. The interpretation that the appropriate Government cannot entertain a joint request for a fresh conciliation proceeding if a conciliation failure report is already sent to the Government has no legal support. Such an interpretation is not desirable either, in an era where the stress is on alternative dispute resolution mechanisms like mediation and conciliation. 29. If the parties jointly make such a request to the appropriate Government, there is nothing that comes in the way of the appropriate Government to refer the matter back to the Conciliation Officer to hold one more conciliation proceeding despite failure of the earlier conciliation proceeding. However, such an exercise for second conciliation proceeding is not permissible at the request of 84 only one party. It has to be on the request of the application by both parties. 30. Thus, this Court is of the view that dispute can be remitted by the appropriate Government to the Conciliation Officer, to make one more attempt to resolve the dispute through conciliation, despite Government receiving conciliation failure report under Section 12(4) of Act, 1947, before the dispute is referred to the Labour Court or the Industrial Tribunal, in following two circumstances: (i) if the parties jointly request a conciliation proceeding to explore the possibility of settlement, or (ii) if the parties have arrived at a settlement and make a joint application to have the settlement endorsed by the Conciliation Officer, Hence, the contention that the Government lacked the jurisdiction to refer the matter to the Conciliation Officer, after receiving a 'conciliation failure report' under Section 12(4) of the Act, 1947, is not acceptable. 85 31. Question (b). Whether the Conciliation Officer has the jurisdiction to hold the conciliation proceeding after forwarding the conciliation report to the appropriate Government. Since no provision in the Act, 1947 prohibits both parties jointly requesting the Conciliation Officer to hold a conciliation proceeding, even after the Conciliation Officer has sent the conciliation failure report to the Government, the Conciliation Officer can hold another conciliation proceeding, notwithstanding his earlier conciliation failure report is pending consideration before the appropriate Government. And in such a proceeding, the Conciliation Officer can endorse the settlement arrived at and submitted to him, if such settlement is otherwise in conformity with law, and the Conciliation Officer is competent to forward the report to the Government under Section 12(3) of the Act, 1947, notwithstanding his earlier report recording failure of conciliation proceeding. 32. In the instant case, records reveal that there was a request by both parties to refer the matter for conciliation for second time before the Conciliation Officer, despite the Conciliation Officer had forwarded a failure report. Later in 86 second conciliation proceeding, it appears that parties entered into a settlement on 08.02.2017, which is now under challenge. 33. This being the position, this Court is of the view that the Conciliation Officer has the jurisdiction to hold a second conciliation proceeding on the joint request by the parties to hold one more conciliation, even if he has sent a failure report under Section 12(4) of the Act,1947. 34. Question (c) Now the question is whether the appropriate Government is justified in referring the dispute to the Labour Court for adjudication despite a settlement arrived at on 08.02.2017. 35. There are three different orders referring the dispute for adjudication. 36. Reference No.49/2019 dated 20.11.2019 is a reference under the dispute raised by Kashinath Bilur and 9 others does not make any reference to the settlement dated 08.02.2017. Three points are raised for adjudication: 87 (i) Whether the dispute raised after three years, from 16.08.2015, denying employment to Kashinath Bilur and 9 others, is justified? (ii) Whether the Management is justified in denying employment to Kashinath Bilur and 9 others? (iii) If so, to what relief workmen are entitled? 37. The report of the Conciliation Officer reveals that an application was submitted by Kashinath Bilur and 9 others on 20.12.2018, raising the grievance to the settlement dated 08.02.2017. The impugned reference order dated 20.11.2019 also refers to the report dated 20.07.2019 submitted by the Conciliation Officer. The Conciliation Officer's report also refers to the disputed settlement dated 08.02.2017. 38. The Conciliation Officer recorded certain reasons as to why the dispute is not settled and referred the matter to the appropriate Government under Section 12(4) of the Act of 1947. 39. Second impugned Reference order dated 09.03.2021 at Ref.No.7/2021 based on the dispute raised by 88 Erappa Badiger and 39 others refers to the settlement dated 08.02.2017, which is the subject matter of dispute before this Court. Three points raised for adjudication in Ref.No.7/2021 are: (i) Whether the dispute raised after four years, from 16.08.2015, denying employment to Erappa Badiger and 39 others, is justified? (ii) Whether Erappa Badiger and 39 other workmen, having taken benefit under the settlement dated 08.02.2017, were justified in raising a dispute on the premise that from 16.08.2015 they were denied employment? (iii) If so, what relief are the workmen entitled to? 40. Third impugned Reference order at No.11/2021 dated 28.06.2021, based on dispute raised by Ramamurthy C.K. and 110 others, also does not make any reference to the settlement dated 08.02.2017. Three points raised for consideration in the said order are; (a) Whether the dispute raised by Ramamurthy C K and 110 others after 5 years from 16.08.2015 denying employment by the Management is justified? 89 (b) Whether the Management is justified in removing the workmen Ramamurthy C K and 110 others from 16.08.2015? (c) If so, to what relief are the workmen entitled? 41. The scope of Section 12(5) of the Act, 1947, was examined by the Hon'ble Apex Court in Ram Avtar Sharma & Others vs State of Haryana and Another1. Referring to the previous two judgments, it has been held that the appropriate Government does not perform the quasi-judicial function under Section 12(5) of the Act, 1947. The function of the Government under Section 12(5) is administrative. 42. Section 12(5) of the Act, 1947 reads as under: "12. Duties of the conciliation officer.- xxx xxx (5)If, on a consideration of the report referred to in sub-section(4), the appropriate Government is satisfied that there is a case for reference to a Board, (Labour Court, Tribunal or National Tribunal), it may make such reference. Where the appropriate Government does not make such a 1 1985 AIR SC 915 90 reference it shall record and communicate to the parties concerned its reasons therefor". (emphasis supplied) 43. As held by the Apex Court in State of Bombay vs K P Krishnan and Others2, the appropriate Government, when it rejects the request to refer the dispute for adjudication, has to assign reasons and communicate the same to the workmen. 44. From the language employed in Section 12(5), it is evident that if the appropriate Government declines reference, reasons are to be recorded and communicated to the party concerned. 45. For referring the dispute for adjudication, the appropriate Government has to be satisfied that there is a case for reference. However, the function of the Government under Section 12(5), though not quasi-judicial and administrative, since Section 12(5) uses the phrase "the appropriate Government is satisfied that there is a case for reference for reference to a Board (Labour Court, Tribunal, or National Tribunal)", there has to be application of mind on 2 AIR 1960 SC 1223 91 the prima facie consideration of the contentions urged before the Conciliation Officer or to the report under Section 12(4) of the Act, 1947. 46. Thus, the expression of 'the appropriate Government is satisfied that there is a case for reference', without any doubt, calls upon the appropriate Government to arrive at a prima facie satisfaction as to whether a case is made out for reference. No authority is pointed out on the point whether the appropriate Government has to record reasons for referring the disputes for adjudication. 47. In the petitions filed by the Workmen, the petitioners have assailed the validity of the settlement dated 08.02.2017, which according to the Employer is under Section 12(3) of the Act, 1947 and which according to the Workmen is not under Section 12(3) as earlier to 08.02.2017. Vide order dated 01.10.2016, Conciliation Officer has recorded failure of conciliation. 48. Thus, in a case of this nature, where at least one of the parties alleges that the settlement is recorded under Section 12(3) of the Act, 1947, in the presence of the Conciliation Officer, and the other party disputes it, the 92 standard of scrutiny required to be undertaken by the appropriate Government under Section 12(5) is couple of degrees higher, as compared to disputes not emanating from a settlement under Section 12(3) of the Act, 1947. 49. In cases, where the validity of (alleged) settlement under Section 12(3) is disputed, the appropriate Government acting under Section 12(5) of the Act, 1947 is required to adopt a cautious approach. The reason is simple. The settlement under Section 12(3) of the Act, 1947, has statutory safeguards. It is aided and assisted by the Conciliation Officer, who is a neutral party. The settlement arrived at under Section 12(3) of the Act, 1947, has a recognition and sanctity accorded under Sections 18 and 19 of the Act, 1947. 50. For the reasons discussed above, this Court is of the view that if the dispute is raised as to the validity of the settlement under Section 12(3) of the Act, 1947, the appropriate Government has to circumspect as to whether a case is made out for reference. And it should arrive at a slightly higher degree of satisfaction to conclude that the case is made out to refer the dispute for adjudication. 93 51. It is noticed that no reasons are assigned while referring the dispute to the Labour Court. Workmen are contending that the settlement dated 08.02.2017 is invalid. As already noticed, two impugned reference orders do not refer to the settlement dated 08.02.2017 at all. 52. The points for consideration raised are about the denial of employment from 16.08.2015, though the Employer contends that the dispute relating to employment was settled on 08.02.2017 under Section 12(3) of the Act, 1947. Only in one reference, points for reference framed refer to the settlement dated 08.02.2017. Thus, it is apparent that the appropriate Government has not applied its mind to the relevant facts before referring the disputes for adjudication. 53. On consideration of the materials placed before the Court and on consideration of the points for reference, this Court is of the view that there are two different contentions. 54. One batch of Workmen contends that the denial of employment with effect from 16.08.2015, and the settlement dated 08.02.2017 are illegal. The other two 94 batches of Workmen contend that the denial of employment with effect from 16.08.2015 is illegal. 55. Employer contends that employment was contractual and validly terminated with effect from 16.08.2015, and the dispute relating to non-renewal of the contract of employment after its expiry is settled before the Conciliation Officer, and there exists no industrial dispute as the settlement dated 08.02,2017 is legal and binding as per the employer. 56. Thus, the dispute raised relating to the denial of employment with effect from 16.08.2015 has to be considered only after considering the contentions relating to the validity of the settlement dated 08.02.2017, which, allegedly, according to the Employer, has resolved the dispute relating to the alleged denial of employment with effect from 16.08.2015. 57. In other words, if the settlement dated 08.02.2017 is valid, then the logical corollary is that the dispute relating alleged denial of employment with effect from 16.08.2015 is mutually and amicably resolved, then 95 denial of employment with effect from 16.08.2015 cannot be the subject matter of any further adjudication. 58. Thus, in a situation, where the dispute raised by one party is said to have been resolved through a conciliation under Sections 11 and 12 of the Act, 1947, and if later, the dispute is raised by another party about the validity of the settlement recorded in a conciliation proceeding, before referring the dispute, the appropriate Government is required to adopt a higher degree of scrutiny to satisfy itself as to whether a case is made out for reference to the Board, Tribunal or Labour Court. 59. This Court is not holding that the appropriate Government has to adjudicate on the merits on the settlement arrived at before the Conciliation Officer. Such an exercise is not permissible given the scope of Section 12(5) of the Act, 1947. However, this Court is of the view that if the dispute relates to the validity of the settlement arrived at by the Conciliation Officer under Section 12(3) of the Act, 1947, the appropriate Government is required to prima facie satisfy itself as to whether; 96 (i) The settlement has resolved all the disputes which were the subject matter of the conciliation proceeding. (ii) Any dispute that is the subject matter of a conciliation proceeding is still unresolved, despite settlement. (iii) The settlement said to have been arrived at, prima facie, contravenes any of the provisions of the Act, 1947 or the binding Standing Orders? (iv) The settlement is duly signed by parties to the settlement or authorised persons representing the parties? (v) The settlement on the face of it, on account of the efflux of time, appears to have been acted upon? 60. On the above consideration, the Government has to satisfy itself as to whether the matter requires to be referred to for adjudication or not, and then has to pass an appropriate order. 61. This Court is of the view that above said exercise is required in a case where the dispute is said to have been settled under Section 12(3) of the Act, 1947 and later, such 97 a settlement is made the subject matter of an industrial dispute. 62. It is made clear that this Court is not holding that in case the dispute is raised relating to the settlement under Section 12(3) of the Act, 1947, the Government has no power to refer the dispute to the Tribunal or the Labour Court, but only adding that in such situation, the appropriate Government has to consider the above noted factors before taking a call as to whether the dispute has to be referred for adjudication or not. 63. This Court has already noticed that the reference orders referred to above do not indicate whether prima facie satisfaction is arrived at by the appropriate Government before referring the dispute. In two of the reference orders, point for consideration is not raised on the validity of the settlement dated 08.02.2017. 64. Question (d) As far as the allegations that the settlement dated 08.02.2017 is vitiated by force, coercion, and threat to the Workmen, the same are seriously disputed by the Employer. This Court, on considering the materials on record, is of the view that in exercise of its jurisdiction under 98 Article 226 of the Constitution of India, it need not go into such disputed facts relating to force, coercion and threat raised in these petitions. If the disputes are referred to by the appropriate Government, framing a point for adjudication, relating to fraud and coercion, then the adjudicating body will have to consider it. 65. Learned Senior counsel appearing for the Employer referring to Section 18(3) of the Act, 1947 contended that the settlement is valid and binding and it is signed by the Workmen and the Management, the Workmen have received the benefit and the settlement is acted upon and dispute is not raised within a reasonable time and in view of the settlement, there is no dispute at all. To substantiate her contention, she would also refer to Section 19 of the Act, 1947, to contend that the settlement shall be binding unless it is sought to be cancelled by following the procedure contemplated under Section 19(2) of the Act, 1947. 66. Though the settlement entered under Section 12(3) of the Act, 1947, will have a binding effect in view of 99 the mandate under Section 18(3) of the Act, 1947, it cannot be said that said settlement is immune from challenge. 67. Section 19 of the Act, 1947, provides for the termination of the settlement. This Court is of the view that Section 19 may not apply to the present set of facts of the case on hand. The settlement in question seeks to end the relationship of employer and employee. Probably the termination of settlement under Section 19(2) of the Act, 1947, will apply in a situation where the settlement is between the Management and the workmen who are still in the employment. 68. In case, settlement terminates the employment and the relationship of employer and employee is severed, then the workman, if aggrieved by the settlement, terminating employment may not be required to issue notice under Section 19(2) of the Act, 1947. In such a situation, the workman may raise a dispute in accordance with the law by raising appropriate grounds. 69. In the instant case, no doubt, the settlement said to have been entered into between the Workmen and the Employer theoretically operates forever, but that cannot be 100 treated as an absolute bar to question the validity of the settlement if valid grounds exist to question the settlement recorded under Section 12(3) of Act, 1947. Hence, the contention that the appropriate Government cannot refer a dispute questioning the settlement under Section 12(3) of the Act, 1947 also cannot be accepted. 70. At this juncture, it is also necessary to refer to some of the judgments referred to by the learned Senior counsel appearing for the Employer. 71. In Motor Industries Company Ltd. vs. Government of Karnataka and others3, this Court has held that the settlement arrived at between the Management and the Union cannot be the subject matter of an industrial dispute as the relationship of the employer and the employee comes to an end. In the said case, it is to be noticed that the settlement was arrived at in a proceeding under Section 33(b) of the Act, 1947. Hence, the said judgment does not come to the aid of the employer as the settlement arrived at before the Court stands on a different footing than the 3 ILR 1988 KAR 2305 101 settlement in a proceeding under Section 12(3) of the Act, 1947. 72. In Barauni Refinery Pragatisheel Shramik Parishad vs. Indian Oil Corporation Limited and Others,4 the Hon'ble Apex Court has held that the settlement arrived at in the course of a conciliation proceeding under the Act, 1947, stands on a higher pedestal and it binds all the workmen concerned and not necessarily the persons who are signatories to the settlement. Said judgment is also of little consequence at this stage of the matter, as the appropriate Government has to apply its mind to the terms of the settlement before passing any orders in exercise of jurisdiction under Section 12(4) of the Act, 1947. 73. In Man Singh vs Muruthi Suzuki India Ltd and Another5, the Apex Court held that, in case a dispute is raised after receiving a certain financial benefit under the settlement, the person raising the dispute has to deposit the said amount. This Court is of the view that this Court need not take any call on the said contention at this juncture as the Court is remitting the matter to the appropriate 4 AIR 1990 SC 1801 5 (2011) 14 SCC 662 102 Government to reconsider the prayer by the workmen to raise a dispute. 74. The judgment in Management of Bangalore Woollen Cotton Silk Ltd vs Their Workmen and another6 relates to the finality of settlement. It is noticed from the facts of the said case that the dispute was relating to certain leave to be sanctioned to the employees who are working in the Establishment, and the settlement arrived at between the Union and the Management was to operate for 3 years. Before the completion of 3 years, the dispute is raised. In the said circumstances, the Hon'ble Apex Court has held that the settlement binds unless the procedure contemplated under Section 19(2) of the Act, 1947, is complied with. 75. As already noticed in the instant case, the settlement said to have been reached puts an end to the employment, if the settlement is accepted as valid. Thus, the Workmen need not raise a dispute only after terminating the settlement following Section 19(2) of the Act, 1947. Hence, 6 AIR 1968 SC 585 103 the said judgment does not apply to the present fact situation. 76. It is also necessary to refer to the judgments cited by the learned Senior counsel for the workmen: (i) In N.R.C. Employees' Union & Ors vs The Government Of Maharashtra7, the Bombay High Court has held that the settlement under Section 12(3) of the Act, 1947, before the Conciliation Officer, if not valid, can be questioned. (ii) The judgment in Oswal Agro Furane Ltd. and Another vs Oswal Agro Furane Workers Union And Others8 is on a question where a settlement arrived at between the employer and the workmen would prevail over statutory requirements as contained in Section 25N and 25O of the Act, 1947. 77. In the instant case, this Court has not held that the settlement under Section 12(3) of the Act, 1947, cannot be questioned. This Court has not agreed with the process adopted by the appropriate Government in referring the 7 W.P.No.8505/2009 disposed of on 28.11.2011 8 (2005) 3 SCC 224 104 disputes for adjudication. Hence, the judgment in N.R.C. Employees' and Oswal supra, does not assist the workmen to urge the contentions that impugned reference orders have to be upheld. 78. The Judgment in Uptron India Ltd. vs Shammi Bhan And Another9 is also not relevant for the adjudication of the present case, as the said case deals with the question of retrenchment. At this juncture, this Court is not required to deal with the question of retrenchment. 79. This Court is also of the view that judgment in Jaggo vs Union of India & Ors.10 is also not relevant for the adjudication of the case on hand, as this Court need not decide the question relating to the regularization of the Workmen in a proceeding under Article 226 of the Constitution of India when the Workmen have questioned the settlement said to have been arrived at under Section 12(3) of the Act, 1947. 80. Having gone through the impugned reference orders, this Court is of the view that the exercise that is 9 (1998) 6 SCC 538 10 SLP No.5580/2024 105 needed under Section 12(5) of the Act, 1947 about a validity of a settlement said to have been recorded under Section 12(3) of the Act, 1947 is not carried out by the appropriate Government before passing the impugned reference orders. Hence, the impugned reference orders have to be set aside. 81. CONCLUSIONS: (i) The Industrial Disputes Act, 1947, does not prohibit the parties to the conciliation proceeding from making a joint request/application to the Government to hold second conciliation even after the Conciliation Officer has submitted the Conciliation Failure Report under Section 12(4) of the Act, 1947; (ii) The appropriate Government has the jurisdiction to refer the matter to the Conciliation Officer to hold a conciliation proceeding if there is a joint request/ application by both parties to hold one more conciliation even after the Conciliation Failure Report is received by the Government; (iii) If a dispute is raised questioning the validity of the settlement recorded under Section 12(3) of the Act, 106 1947, the appropriate Government is required to assign reasons either in the reference order or its noting in the file, for having satisfied itself for referring the dispute for adjudication. 82. Hence the following: ORDER
(i) Writ Petitions No.17695/2021, 12656/2021,
21703/2021 and 1434/2022 filed by the
Workmen are dismissed, without entering
into the merits of the contentions on threat
and coercion, as it involves seriously
disputed facts
(ii) Writ Petitions No.23786/2021, 23395/2021
and 23730/2021 filed by Management are
allowed in part.
(iii) The impugned Reference Orders dated
20.11.2019, 09.03.2021 and 28.06.2021
passed by the appropriate Government and
the proceedings pursuant to said Reference
Orders in Reference/I.D. No. 49/2019,
7/2021 and 11/2021 pending on the file of
the Principal District Judge at Ramanagar,
and II Additional Labour Court, Bengaluru,
respectively, are set aside.
107
(iv) The disputes raised are remitted to the
appropriate Government, to pass orders on
the disputes raised, keeping in mind the
guidelines recorded in this judgment.
(v) The exercise shall be completed within
thirty days from the date of receipt of a
copy of this order.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
BRN/CHS/GVP