In the High Court of Karnataka at Bengaluru

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22 ND DAY OF NOVEMBER 2016

BEFORE

THE HON'BLE MR. JUSTICE B. VEERAPPA

WRIT PETITION NO.8179/2016 C/w. WRIT PETITION NOs.8180/2016, 8181/2016 & 8182/2016 (L-RES)

IN W.P.NO.8179/2016

BETWEEN:

SHRI. R. PANDURANGA, S/O. SHRI. RANGASWAMY, AGED ABOUT 40 YEARS, RESIDING AT NO. 94, MUTHASANDRA ROAD, NEAR LAKSHMI TEMPLE, MADURANAGAR, 2 ND STAGE, VARTHUR, BANGALORE NORTH, BENGALURU-560 008. ... PETITIONER

(BY SRI CLIFTON D. ROZARIO, ADV.)

AND:

1. HINDUSTAN AERONAUTICS LIMITED REPRESENTED BY THE GENERAL MANAGER (HR)- BC, BANGALORE COMPLEX, HINDUSTAN AERONAUTICS LIMITED, VIMANAPURA HAL, BANGALORE-560 017.

2. GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI-110 001, REPRESENTED BY ITS SECRETARY.

3. REGIONAL LABOUR COMMISSIONER (CENTRAL) SHRAM SADAN, 3RD CROSS, 3 RD MAIN II PHASE, YESHWANTPUR, BANGALORE-560 022.

4. SHRI. V. ANANDA PROPRIETOR, NO.1, ‘ANANDA’ GROUND FLOOR, 1ST CROSS, N.R. LAYOUT, KONENA AGRAHARA, BANGALORE-560 017. ... RESPONDENTS

(BY SRI S.R.DODAWAD, ADV. FOR R2 & R3; R1 & R4 NOTICE NOT ORDERED)

*****

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO DIRECT THE R-1 TO IMMEDIATELY CEASE THE UNFAIR LABOUR PRACTICE METED TO THE PETITIONER AND REINSTATE HIM ON ITS ROLLS AS ITS DIRECT AND PERMANENT EMPLOYEE AND ETC.

IN W.P.NO.8180/2016

SHRI. NARASIMHA A, S/O. SHRI. NARASAIYA A, AGED ABOUT 41 YEARS, RESIDING AT NO.C.D.10, 2ND CROSS, SHIRAM NAGAR, 3

MURUGESH PALYA, OLD AIRPORT ROAD, BANGALORE-560 017. ... PETITIONER

(BY SRI CLIFTON D.ROZARIO, ADV.)

AND:

1. HINDUSTAN AERONAUTICS LIMITED REPRESENTED BY THE GENERAL MANAGER (HR)- BC, BANGALORE COMPLEX, HINDUSTAN AERONAUTICS LIMITED, VIMANAPURA HAL, BANGALORE-560 017.

2. GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI-110 001, REPRESENTED BY ITS SECRETARY.

3. REGIONAL LABOUR COMMISSIONER (CENTRAL) SHRAM SADAN, 3RD CROSS, 3 RD MAIN II PHASE, YESHWANTPUR, BANGALORE-560 022.

4. M/S. M.P. ENTERPRISES AND ASSOCIATES LTD. REPRESENTED BY ITS MANAGING DIRECTOR, CHIRANJEEV APARTMENTS, II FLOOR, OFFICE NO.2, KARVE ROAD, ERADWANE, PUNE-411 039. ... RESPONDENTS

(BY SRI S.R.KAMALA CHARAN, ADV. FOR R1; SRI S.R.DODAWAD, ADV. FOR R2 & R3; SRI K.G.SHANTHAIAH, ADV. FOR R4) 4

*****

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO DIRECT R-1 TO IMMEDIATELY CEASE THE UNFAIR LABOUR PRACTICE METED TO THE PETITIONER AND REINSTATE HIM ON ITS ROLLS AS ITS DIRECT AND PERMANENT EMPLOYEE AND ETC.

IN W.P.NO.8181/2016

BETWEEN:

SHRI V. MUNIRAJA, S/O. SHRI VENKATA GIRIYAPPA, AGED ABOUT 48 YEARS, RESIDING AT NO.36, CHATTARJEE BUILDING, 1ST CROSS, NEW BAIYYAPPANAHALLI, INDIRANAGAR, BENGALURU-560 038. ... PETITIONER

(BY SRI CLIFTON D.ROZARIO, ADV.)

AND:

1. HINDUSTAN AERONAUTICS LIMITED REPRESENTED BY THE GENERAL MANAGER (HR)- BC, BANGALORE COMPLEX, HINDUSTAN AERONAUTICS LIMITED, VIMANAPURA HAL, BANGALORE-560 017.

2. GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI-110 001, REPRESENTED BY ITS SECRETARY.

3. REGIONAL LABOUR COMMISSIONER (CENTRAL) SHRAM SADAN, 3RD CROSS, 3 RD MAIN II PHASE, YESHWANTPUR, BANGALORE-560 022.

4. M/S. AMPS ELECTRICAL FACILITY SERVICES PVT. LTD. REPRESENTED BY ITS MANAGING DIRECTOR, NO.25/1, SRIKANTA MAHAL, SAMPIGE ROAD, 1 ST CROSS, MALLESHWARAM, BANGALORE-560 003. ... RESPONDENTS

(BY SRI S.R.KAMALA CHARAN, ADV. FOR R1; SRI S.R.DODAWAD, ADV. FOR R2 & R3; R4 SERVED)

*****

IN W.P.NO.8182/2016

SHRI. P. SRINIVASA, S/O. SHRI. PENCHALIAH, AGED ABOUT 39 YEARS, RESIDING AT NO.36/D, D.C.A. COMPLEX, CAMBRIDGE LAYOUT, ULSOOR, BENGALURU-560 008. ... PETITIONER

(BY SRI CLIFTON D.ROZARIO, ADV.) 6

AND:

1. HINDUSTAN AERONAUTICS LIMITED REPRESENTED BY THE GENERAL MANAGER (HR)- BC, BANGALORE COMPLEX, HINDUSTAN AERONAUTICS LIMITED, VIMANAPURA HAL, BANGALORE-560 017.

2. GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI-110 001, REPRESENTED BY ITS SECRETARY.

3. REGIONAL LABOUR COMMISSIONER (CENTRAL) SHRAM SADAN, 3RD ROSS, 3 RD MAIN II PHASE, YESHWANTPUR, BANGALORE-560 022.

4. M/S. AMPS ELECTRICAL FACILITY SERVICES PVT. LTD. REPRESENTED BY ITS MANAGING DIRECTOR, NO.25/1, SRIKANTA MAHAL, SAMPIGE ROAD, 1ST ROSS, MALLESHWARAM, BANGALORE-560 003. ... RESPONDENTS

(BY SRI S.R.KAMALA CHARAN, ADV. FOR R1; SRI S.R.DODAWAD, ADV. FOR R2 & R3; R4 SERVED)

*****

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A 7

PRAYER TO DIRECT R-1 TO IMMEDIATELY CEASE THE UNFAIR LABOUR PRACTICE METED TO THE PETITIONER AND REINSTATE HIM ON ITS ROLLS AS ITS DIRECT AND PERMANENT EMPLOYEE AND ETC.

THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER

The petitioners have filed the present writ petitions seeking for a direction to the respondents to immediately cease the unfair practice meted to the petitioners and reinstate the petitioners on their rolls as their direct and permanent employees, constitute the

Central Government Industrial Tribunal and Labour

Court expeditiously and take the petitioners back on their rolls and await the resolution of the Industrial

Dispute referred to the Central Government Industrial

Tribunal and Labour Court before giving effect to the order of termination.

2. After arguing the matter for some time, the learned counsel for the petitioners has filed a memo to 8 withdraw these writ petitions with liberty to approach the State Labour Court after withdrawing the matters pending before the Central Government Industrial

Tribunal.

3. The meme is placed on record.

4. The writ petitions are disposed of as withdrawn with liberty as prayed for. All contentions of both the parties are left open to be urged before the

State Labour Court in accordance with law.

Sd/- JUDGE