WONDERLA KARMIKA SANGHA Vs. ASSISTANT LABOUR COMMISSIONER

JUDGEMENT

(1.) This appeal is presented by Wonderla Karmika Sangha ('association' for short), challenging order dated 5.11.2018 passed by the Hon'ble Single Judge of this Court in W.P.No.46712/2017.

(2.) We have heard Shri T.S.Anantharam, learned advocate for the appellant, Shri S.S. Mahendra, learned AGA for the State and Shri Ashok Haranahalli, learned Senior Advocate for respondent No.2.

(3.) Briefly stated the facts of the case are, appellant- association submitted a letter to the Management to recognize five office bearers of the Trade Union namely, S/Sh. Ravi Kumar H.N, Kanthraju.C, Rajashekara K.B, Yathish K.P. and Thoppegowda P.D, as protected workmen under Section 33 (3) of Industrial Disputes Act , 1947 ('Act' for short) for the year 2017-18. The management did not respond. Hence, appellant filed a petition before the Assistant Labour Commissioner for declaration of aforementioned persons as 'protected workmen'. Management filed it's objections, pointing out that S/Sh. Ravi Kumar H.N, Kanthraju.C and Thoppegowda P.D, could not be declared as 'protected workmen' as departmental enquiry was pending against them and they were facing criminal trial. With regard to Shri Ravi Kumar H.N, it was contended that, he was forcibly collecting money from the customers and chasing away those customers, who refused to pay money. With regard to S/Sh. Rajashekara K.B. and Yathish K.P, it was contended that, they could not be declared as 'protected workmen' since they were transferred to Hyderabad. Appellant by filing rejoinder sought to substitute names of S/Sh. Rajshekara K.B and Yathish K.P, with S/Sh. Sharanappa M. Gali and Govardhan B.A. The management objected to the said names stating that they had been dismissed from service by order dated 13.9.2017.