Karnataka High Court
WP/7463/2020 of THE SECRETARY Vs THE REGIONAL MANAGER on 31 July 2026
CNR: KAHC010502912019 NC: 2026:KHC:40077-DB WP No. 7463 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 7463 OF 2020 (L-RES) BETWEEN: 1. THE SECRETARY
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO. 7463 OF 2020 (L-RES)
BETWEEN:
1.
THE SECRETARY
CENTRAL WAREHOUSING CORPORATION
MADOOR UNION NO.G-4
BRIGADE LINKS
54/1 1ST MAIN ROAD,
SESHADRIPRUAM
BANGALORE-560 020
PRESENT ADDRESS
NO.155 GAUTHAM NAGAR
TUMKUR ROAD, YESHWANTHAPURA
BENGALURU-560 022
…PETITIONER
(BY SRI. NARAYANA SWAMY.K.B., ADVOCATE)
AND:
1.
THE REGIONAL MANAGER
CENTRAL WAREHOUSING CORPORATION
REGIONAL OFFICE,
PALLAVI COMPLEX
SUBBAIAH CIRCLE MAIN ROAD,
BANGALORE-560 027
…RESPONDENT
(BY SRI. VISHAL JAIN., ADVOCATE)
Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIAM PRAYING TO CALL
FOR THE ENTIRE RECORDS IN REF.NO.2/98 ON THE FILE OF
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM
LABOUR COURT, BENGALURU AND GRANT THE PETITIONER
THE FOLLOWING RELIEFS, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ petition has been filed by the workmen impugning the award dated 28.03.2019 passed by the Central Government Industrial Tribunal cum Labour Court in Reference No.CR/02/1998.
2. The Central Government vide order dated 30.12.1997, exercised its powers conferred by Clause (d) of Sub-section (1) and Sub-section 2(A) of Section 10 of the Industrial Disputes
HC-KAR
Act, 1947 (for brevity referred to as 'the ID Act') referred the following industrial dispute for adjudications:-
"Whether the demand of Central Warehousing Corporation Mazdoor Union for regularization of 56 workmen, as contained in the demand notice, enclosed is legal and justified ? If so, to what relief the workmen are entitled ?
3. The Industrial Tribunal having examined the evidence has come to the conclusion that there is no relationship of an employee and employer between the workmen and the Central Warehousing Corporation. The Workmen are not regularly working but they are the loaders, who are employed through the contractor with whom the Central Warehousing Corporation has entered into an agreement for supply of the loaders. If there is no relationship of the employee and employer, and the workmen have never received any payment/wages directly from the Central Warehousing Corporation, they would not come within the definition of Section 2(S) of the ID Act.
4. Having gone through the impugned award dated 28.03.2019, we do not find that there is any error of law or appreciation of evidence by the Tribunal. We therefore, find no
HC-KAR
ground to interfere with the well reasoned award passed by the CGIT, thus the writ petition stands dismissed.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
NG List No.: 1 Sl No.: 13