Concilation Report

IN THE HIGH COURT OF KARNATKA
CIVIL WRIT PETITION NO. 322/2022
Workmen of Bharat Electronics Limited …………. PETITIONERS
V.
Bharat Electronics Limited…………………………...RESPONDENTS
CIVIL WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

AND
IN THE MATTER OF IMPUGNED ARBITRARY AND UNLAWFUL ACTION OF THE
RESPONDENTS
AND
IN THE MATTER OF PRINCIPLES OF NATURAL JUSTICE, EQUITY AND GOOD
CONSCIENCE
TO,
THE HON’BLE JUSTICE AND HIS OTHER COMPANION JUDGES OF HIGH
COURT OF KARNATAKA
MAY IT PLEASE THIS HOB’BLE COURT
The Petitioner,
MOST RESPECTLY SHOWETH,
1. That the petitioner is a citizen of India who is being aggrieved of the

arbitrary and unlawful action of the respondents wherein the services of
the petitioner has been dispensed with in a wholly arbitrary and unlawful
manner in ultra violation of the principles of natural justice.
The petitioner being aggrieved of the impugned action is competent to
invoke the extraordinary jurisdiction of this Hon’ble jurisdiction of this
High Court under Article 226 of the Constitution of India.
2. That the respondents are state and its functionaries who are duly covered
under the ambit of ‘State’ as enshrined under Article 12 of Indian
Constitution.
3. The petitioner humbly submits to this Hon’ble Court that there was an
agreement between the parties that if any disputes arise, Collective
Bargaining is the mode of settlement. This was given in the rules of the
company and the same was not followed by the respondents when there
was a dispute.
In Bharath Iron Works v. Bhagubai balubai Patel it was held that

Collective bargaining must be practised in a healthy way there is mutual
co-operation between the employers and employees.
4. The petitioner submits that The Negotiating Trade Union agent was not
consulted before issuing the circular in relation to fixing the
compensatory days and determining the deduction of payment at the time
of retirement of the employee.
Hence, the Respondents did not follow the guidelines which were laid
down during Covid-19. This violated the rights of sole bargaining agent
and employee’s decision was not taken into consideration.
5. The petitioner humbly submits to this Hon’ble High court that Karnataka
issued Circulars in the April 2020. According to these circulars the
Respondents were granted permission to resume operations for the
purpose of manufacturing and supplying ventilators to the Government of
India with strict compliance to the Covid-19 guidelines.
Further, the petitioner submits that the respondents did not follow the
guidelines issued by the state and, they have not provided any transport
facilities to the employees, which was highly difficult for the employees
to work during this situation.
6. Further, the petitioner submits that the respondents were only allowed to
manufacture the ventilators, but they resumed full-fledged activities and
shifts which were overlapping in nature. This violated the rights of the
employees.
7. Petitioner submits that the circular issued by the respondents violated

principle of natural justice and certain labour laws.
The employees were not paid proper wages for which they worked.
Petitioner submits that the employees were made to work over time
during the pandemic situations without any pay.
8. Further, the petitioner humbly submits that the said circular must be
revoked and the decision on compensatory working days must be made
after consultation with the trade union along with payment of extra
payments.
9. The petitioner has not filed any other proceedings related to this matter I
any other courts.
10.That the petitioner is left with no other equally efficacious alternative

remedy available except to approach the Hon’ble High Court by way of
filing this Writ Petition.
GROUNDS
a. Impugned order is arbitrary and contravenes Article 14 of
Constitution of India.
b. Principles pf natural justice have been contravened by the
Respondents.
c. Impugned order is otherwise also erroneous and unsustainable.
PRAYER
In the facts and circumstances stated above the petitioner prayed that your
lordships may graciously be placed to call entire record of this case and after
examining the same, admit and allow this writ petition by issuing an appropriate
writ order or directions:
1. To quash and set aside the circular issued dated May 2021 and August
2021 by the Respondents.
2. To direct the respondents to pay extra charges to the employees.
3. Any other relief which this Hon’ble Court may deem fit and proper in the
fact’s ad circumstances of the case any also kindly be passed in favour of
the petitioner.
4. Cost of the litigation may kindly be passed in favour of the petitioner.
Humble Petitioner
THROUGH
Counsel
Ms. Gunashree M
DATE:
PLACE:
AFFIDAVIT IN SUPPORT OF WRIT PETITION

I, Workmen of Bharat Electronics Limited, do hereby take oath and state as
under,
1. That I am the petitioner in the present writ petition and such am well
conversant with the facts and circumstances of the case.
2. That the annexed writ petition has been drafted under my instructions by
my counsel. I admit that all the content mentioned therein are true and
correct to my personal knowledge.
3. That the contents of paras, 1 to 10 of the annexed petitions are true and
correct to my personal knowledge, while the submissions made in
grounds believed to be true and correct based on legal advice to me by
my counsel.

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IN THE HIGH COURT OF KARNATKA

CIVIL WRIT PETITION NO. 322/2022

Workmen of Bharat Electronics Limited …………. PETITIONERS

Bharat Electronics Limited…………………………...RESPONDENTS

CIVIL WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

MAY IT PLEASE THIS HOB’BLE COURT

1. That the petitioner is a citizen of India who is being aggrieved of the

In Bharath Iron Works v. Bhagubai balubai Patel it was held that

7. Petitioner submits that the circular issued by the respondents violated

10.That the petitioner is left with no other equally efficacious alternative

2. To direct the respondents to pay extra charges to the employees.

4. Cost of the litigation may kindly be passed in favour of the petitioner.

AFFIDAVIT IN SUPPORT OF WRIT PETITION

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