Writ Petition No. 22609 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:10853 WP No. 22609 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22609 OF 2024 (L-RES) BETWEEN: M/S WIG DESIGN INTERNATIONAL (A UNIT OF SK HAIR AND WIG DESIGNS PVT., LTD.,), PRESENTLY AT APARTMENT NO.2, ON FRONT SIDE OF 2ND FLOOR, ARUN SADHAN, AT NO.11, 4TH MAIN, 5TH CROSS, WOC ROAD, 6TH PHASE, RAJAJINAGAR INDUSTRIAL TOWN, RAJAJINAGAR, BANGALORE 560 010, REPRESENTED BY ITS PROPRIETOR, MR. GOLCONDA SANTHOSH KUMAR. AGED ABOUT 42 YEARS, THE WIG DESIGNS INTERNATIONAL (A UNIT OF SK HAIR AND WIG DESIGNS PVT., LTD.,) NO.7, 2ND FLOOR, 5TH B STREET, NEAR BIG BAZAR, MALLESWARAM, BANGALORE 560 003. (SHOWN IN CLAIM STATEMENT) (BY SRI. MUKKANNAPPA S B.,ADVOCATE) …PETITIONER
Legal Reasoning
Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:10853 WP No. 22609 of 2024 AND:
Legal Reasoning
SRI SACHIN S/O LATE. SATYANANDA NIKAM G, AGED ABOUT 52 YEARS, NO.1-B, 2ND FLOOR, 3RD CROSS, KIRLOSKAR COLONY, BASAVESHWARANAGAR, BANGALORE 560 003. (BY MS. AVANI CHOKSHI., ADVOCATE) …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT TO QUASH THE IMPUGNED AWARD DATED 20.03.2023 PASSED BY THE LEARNED PRINCIPAL LABOUR COURT, BANGALORE ON I.D NO. 13/2021 VIDE ANNEXURE-A BY RESTORING THE SAME BY GRANTING ONE OPPORTUNITY TO THE PETITIONER TO CONTEST THE INDUSTRIAL DISPUTE ON MERIT BY ALLOWING THIS W.P. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD - 3 - NC: 2025:KHC:10853 WP No. 22609 of 2024 ORAL ORDER The petitioner, an employer, has called in question the Award dated 20.03.2023 in I.D. No.013/2021 on the file of the Presiding Officer, Principal Labour Court, Bengaluru [for short, 'the Labour Court']. The Labour Court, by this impugned order, has allowed the respondent's application under Section 10(4A) of the Industrial Disputes Act, 1947 [for short, 'the ID Act'] directing his reinstatement with continuity of service and consequential benefits. The petitioner is directed to pay back wages to the respondent at the rate of 30%. 2. This Court, on 23.08.2024, has stayed the Labour Court's Award subject to the petitioner depositing certain amount within four weeks. This Court has also observed that the respondent's reinstatement shall be subject to further orders. Subsequently, this Court has disposed of the respondent's application for vacating [I.A. No.1/2025] on 04.02.2025 taking on record that the petitioner - 4 - NC: 2025:KHC:10853 WP No. 22609 of 2024 has deposited a sum of Rs.3,40,200/- and releasing a sum of Rs.2,00,000/- in favour of the respondent subject to the result in the writ petition recording that prima facie the respondent is undergoing treatment for cancer. This Court has directed the remaining amount [Rs.1,40,200/-] to be kept in a fixed deposit for one year with an auto renewal mandate. 3. Ms. Avani Chokshi, the learned counsel for the respondent, had stated that there could be a settlement if the petitioner offers One-time Payment with the respondent undergoing treatment for cancer. Mr. S B Mukkannappa, the learned counsel for the petitioner, is heard in the light of this submission, and in fact, he had stated on 10.03.2025 that the petitioner is willing to pay a sum of Rs.4,00,000/- in full and final settlement. This Court has adjourned the petition on his request to secure instructions on whether the offer could be improved. - 5 - NC: 2025:KHC:10853 WP No. 22609 of 2024 4. Mr. S B Mukkannappa submits that the petitioner cannot dispute that the respondent is under treatment for cancer and the petitioner is willing to pay total sum of Rs.6,00,000/- [including the amount already deposited] in full and final settlement of the respondent's claim, but the balance amount of Rs.2,59,800/- will be paid in installments of Rs.51,960/- per month over the next five months. The learned counsel elaborates that the petitioner is under financial constrains with the onset of Covid-19 and the constraints have not been abated over the last four years. In rejoinder, Ms. Avani Chokshi submits that the respondent is willing to receive Rs.6,00,000/- in full and final settlement, but because the respondent is scheduled to undergo surgery, the remaining amount must be directed to be paid within three [3] months from today. 5. This Court must observe that the terms of Settlement are almost agreed with the petitioner - 6 - NC: 2025:KHC:10853 WP No. 22609 of 2024 acknowledging that the respondent is undergoing treatment for cancer and the respondent consents to receive Rs.6,00,000/- in full and final settlement including the amount already in deposit. The narrow area of difference is whether the petitioner must be called upon to pay the balance amount of Rs.2,59,800/- in one lumpsum within three months or in installments of Rs.51,960/- over the next five months. Both the petitioner's representative and the respondent are present. This Court must opine that the difference requires to be balanced and there must be a reasonable time to the petitioner to pay the balance amount of Rs.2,59,800/- and with liberty to pay such amount in installments but enabling immediate release of the amount of Rs.3,40,200/- in deposit. Hence, the following:
Decision
ORDER [a] The petition stands disposed of modifying the Labour Court’s Award dated - 7 - NC: 2025:KHC:10853 WP No. 22609 of 2024 20.03.2023 in I.D. No.013/2021 directing the petitioner to pay to the respondent a total sum of Rs.6,00,000/- in full and final settlement of all claims under the impugned Labour Court's Order. [c] This amount of Rs.6,00,000/- shall include Rs.3,40,200/- in deposit with the registry. The Registry is directed to forthwith release the amount in deposit to the respondent who shall furnish bank account details for immediate transfer subject to identification. [e] The petitioner is called upon to pay the balance sum of Rs.2,59,800/- to the respondent within five [5] months from today and in equated installments of Rs.51,960/- each. SD/- (B M SHYAM PRASAD) JUDGE AN/-