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Management of Karnataka Agro Industries Corporation Ltd. & Another v/s Vijaykumar & Others


Company & Directors' Information:- K. N. C. AGRO LIMITED [Active] CIN = U01500WB2005PLC102657

Company & Directors' Information:- KARNATAKA AGRO INDUSTRIES CORPORATION LIMITED [Active] CIN = U00110KA1967SGC001691

Company & Directors' Information:- F AND K AGRO PRIVATE LIMITED [Active] CIN = U01111PN1980PTC014563

Company & Directors' Information:- R K B AGRO INDUSTRIES LIMITED [Active] CIN = L17100KA1979PLC003492

Company & Directors' Information:- R T AGRO PRIVATE LIMITED [Active] CIN = U15400MH1988PTC122934

Company & Directors' Information:- N M AGRO PRIVATE LIMITED [Active] CIN = U15209DL2000PTC103461

Company & Directors' Information:- K F AGRO PRIVATE LIMITED [Active] CIN = U01132PB1998PTC021937

Company & Directors' Information:- T K M AGRO LIMITED [Active] CIN = U01119TZ2000PLC009159

Company & Directors' Information:- J R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15342UP1982PTC005792

Company & Directors' Information:- B M AGRO INDUSTRIES LIMITED [Active] CIN = U74899DL1992PLC049988

Company & Directors' Information:- R S AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15319DL1998PTC097025

Company & Directors' Information:- S N T AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U01122DL1997PTC086925

Company & Directors' Information:- M S AGRO PRIVATE LIMITED [Active] CIN = U01403WB2011PTC163653

Company & Directors' Information:- S K K AGRO PRIVATE LIMITED [Active] CIN = U01110DL2007PTC163157

Company & Directors' Information:- D D AGRO INDUSTRIES LIMITED [Active] CIN = U24219PB1999PLC022487

Company & Directors' Information:- P N AGRO PVT LTD [Active] CIN = U01401WB1992PTC056261

Company & Directors' Information:- B R V AGRO PRIVATE LIMITED [Strike Off] CIN = U15139UP2007PTC034299

Company & Directors' Information:- A A AND A AGRO LIMITED [Converted to LLP] CIN = U01111DL1986PLC025101

Company & Directors' Information:- S S D AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100MH1998PTC113744

Company & Directors' Information:- B. P AGRO INDIA PRIVATE LIMITED [Active] CIN = U15132DL2019PTC357421

Company & Directors' Information:- M Y AGRO PRIVATE LIMITED [Active] CIN = U51221DL2011PTC215043

Company & Directors' Information:- S. A. B. INDIA AGRO INDUSTRIES LIMITED [Active] CIN = U01403UP2009PLC038365

Company & Directors' Information:- U K AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15114UP2003PTC028107

Company & Directors' Information:- H R D AGRO PRIVATE LIMITED [Active] CIN = U15490PB2006PTC030412

Company & Directors' Information:- R. K. AGRO INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U15410WB2012PTC180269

Company & Directors' Information:- C F L AGRO PRIVATE LIMITED [Strike Off] CIN = U01409KA2001PTC028797

Company & Directors' Information:- R J AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15311KA2005PTC035485

Company & Directors' Information:- S O I AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15310GJ2010PTC059966

Company & Directors' Information:- L K AGRO PRIVATE LIMITED [Active] CIN = U15140MH1998PTC115185

Company & Directors' Information:- H D AGRO PRIVATE LIMITED [Strike Off] CIN = U01111MH1996PTC097451

Company & Directors' Information:- P C L AGRO PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049537

Company & Directors' Information:- A S AGRO PRIVATE LIMITED [Active] CIN = U74899DL1989PTC040467

Company & Directors' Information:- S N N AGRO PRIVATE LIMITED [Active] CIN = U01114JH2016PTC008919

Company & Directors' Information:- R R S AGRO PRIVATE LIMITED [Strike Off] CIN = U15139DL2010PTC209756

Company & Directors' Information:- S I P AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01403WB2012PLC188362

Company & Directors' Information:- AGRO PRIVATE LIMITED [Strike Off] CIN = U51101KA1962PTC001475

Company & Directors' Information:- S. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15490PN2013PTC146574

Company & Directors' Information:- D. J. AGRO PRIVATE LIMITED [Strike Off] CIN = U01112DL1994PTC057414

Company & Directors' Information:- G A AGRO PRIVATE LIMITED [Active] CIN = U01229KL2002PTC015736

Company & Directors' Information:- M K B AGRO PRIVATE LIMITED [Active] CIN = U01100MH1996PTC101802

Company & Directors' Information:- T D K AGRO PRIVATE LIMITED [Active] CIN = U29190BR1991PTC004486

Company & Directors' Information:- S G AGRO PRIVATE LIMITED [Active] CIN = U01122KA1995PTC017091

Company & Directors' Information:- J J AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15130MH1980PTC023302

Company & Directors' Information:- A R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050526

Company & Directors' Information:- AGRO INDIA PRIVATE LIMITED [Active] CIN = U01407AR2013PTC008381

Company & Directors' Information:- U & V AGRO PRIVATE LIMITED [Active] CIN = U01403TZ2015PTC021823

Company & Directors' Information:- B A B AGRO LTD [Strike Off] CIN = U24231MH1993PLC073114

Company & Directors' Information:- G S AGRO INDUSTRIES PVT LTD [Active] CIN = U01132WB1990PTC049960

Company & Directors' Information:- D V AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC051892

Company & Directors' Information:- B A B AGRO LTD [Active] CIN = U24233WB1987PLC043179

Company & Directors' Information:- B C M AGRO PRIVATE LIMITED [Active] CIN = U01119WB1999PTC090308

Company & Directors' Information:- K. K. AGRO PVT. LTD. [Strike Off] CIN = U51420WB1987PTC042090

Company & Directors' Information:- H & W AGRO PRIVATE LIMITED [Strike Off] CIN = U01400MH2012PTC238144

Company & Directors' Information:- K D AGRO PRIVATE LIMITED [Converted to LLP] CIN = U15312DL2005PTC131996

Company & Directors' Information:- H R AGRO PRIVATE LIMITED [Active] CIN = U01119PB1995PTC016403

Company & Directors' Information:- C K N AGRO PRIVATE LIMITED [Active] CIN = U01300KL2020PTC064742

Company & Directors' Information:- P AND G AGRO INDUSTRIES P LTD [Strike Off] CIN = U99999UP1985PTC007509

Company & Directors' Information:- R. K. G. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100UP2017PTC097391

Company & Directors' Information:- A Q AGRO PVT LTD [Under Process of Striking Off] CIN = U51209WB2006PTC109930

Company & Directors' Information:- S E AGRO PRIVATE LIMITED [Active] CIN = U52500AP2016PTC103446

Company & Directors' Information:- S U B AGRO PRIVATE LIMITED [Active] CIN = U24129PN2000PTC015404

Company & Directors' Information:- A S G AGRO LIMITED [Strike Off] CIN = U01119HR2004PLC035459

Company & Directors' Information:- T & T AGRO PRIVATE LIMITED [Active] CIN = U01132WB1999PTC090368

Company & Directors' Information:- C L AGRO PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC051898

Company & Directors' Information:- P M S AGRO PVT LTD [Strike Off] CIN = U29211PB1994PTC014448

Company & Directors' Information:- B R K AGRO PRIVATE LTD [Strike Off] CIN = U29211PB1994PTC014302

Company & Directors' Information:- R E I AGRO LTD. [Active] CIN = U01111WB1994PLC065082

Company & Directors' Information:- V G AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01400DL1993PLC051666

Company & Directors' Information:- P & S AGRO INDIA LIMITED [Strike Off] CIN = U01403MH2011PLC214782

Company & Directors' Information:- D N D AGRO (INDIA) LIMITED [Active] CIN = U01403PN2011PLC139235

Company & Directors' Information:- L C A AGRO PRIVATE LIMITED [Strike Off] CIN = U01112UP2005PTC029657

Company & Directors' Information:- V M G AGRO INDIA LIMITED [Active] CIN = U01100MP2011PLC026434

Company & Directors' Information:- G D AGRO PRIVATE LIMITED [Strike Off] CIN = U24122UP1993PTC015164

Company & Directors' Information:- P B AGRO PRIVATE LIMITED [Amalgamated] CIN = U26960MH1990PTC057137

Company & Directors' Information:- R A P AGRO INDIA PVT LTD [Strike Off] CIN = U14200WB2006PTC107514

Company & Directors' Information:- G T AGRO INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142577

Company & Directors' Information:- F AND K AGRO PVT LTD [Strike Off] CIN = U29248PN1980PTC022759

Company & Directors' Information:- T S AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U15209UP1987PTC008974

Company & Directors' Information:- E M AGRO (INDIA) PRIVATE LIMITED [Strike Off] CIN = U02001UP1997PTC022261

Company & Directors' Information:- J S AGRO PRIVATE LIMITED [Strike Off] CIN = U01300PB1993PTC013943

Company & Directors' Information:- A N AGRO PRIVATE LIMITED [Strike Off] CIN = U01119DL1996PTC081855

Company & Directors' Information:- V R L AGRO PRIVATE LIMITED [Strike Off] CIN = U85110KA1999PTC024717

Company & Directors' Information:- B AND P AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U01110MH1972PTC015574

Company & Directors' Information:- P. S. R. AGRO PRIVATE LIMITED [Active] CIN = U24248UP1974PTC004017

Company & Directors' Information:- O N AGRO PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031986

Company & Directors' Information:- P V R K AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U01119AP1988PTC008395

Company & Directors' Information:- K R S AGRO PRIVATE LIMITED [Strike Off] CIN = U01400PN2011PTC141711

Company & Directors' Information:- J K AGRO PRIVATE LIMITED [Strike Off] CIN = U74900PY2011PTC002548

Company & Directors' Information:- W B S AGRO PRIVATE LIMITED [Active] CIN = U01122PB2003PTC025879

Company & Directors' Information:- K R P AGRO INDUSTRIES PVT LTD [Active] CIN = U01110MH1991PTC062304

Company & Directors' Information:- G T M AGRO PRIVATE LIMITED [Strike Off] CIN = U01100MH2005PTC150816

Company & Directors' Information:- Y K AGRO PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74999DL2013PTC250398

Company & Directors' Information:- N P M AGRO PRIVATE LIMITED [Strike Off] CIN = U15494DL2011PTC214942

Company & Directors' Information:- B L B AGRO PRIVATE LIMITED [Strike Off] CIN = U51200DL2012PTC244511

Company & Directors' Information:- D A AGRO PRIVATE LIMITED [Active] CIN = U74900DL2015PTC288168

Company & Directors' Information:- D. B. AGRO PRIVATE LIMITED [Active] CIN = U01100MP2010PTC025035

    W.A. No. 100617 of 2017(L-TER)

    Decided On, 31 October 2018

    At, High Court of Karnataka Circuit Bench At Dharwad

    By, THE HONOURABLE MRS. JUSTICE B.V. NAGARATHNA & THE HONOURABLE MR. JUSTICE MOHAMMAD NAWAZ

    For the Appearing Parties: M.B. Kanavi, Advocate, for the Appellants; Anant P. Savadi, Advocate



Judgment Text

B.V. Nagarathna, J.

There is a delay of 62 days in filing the writ appeal. We have, however, heard respective learned counsel for the appellants as well as the respondents on merits so as to ascertain as to whether the appeal would call for any interference.

2. The legality and correctness of order dated 01.06.2017 passed in Writ Petition No. 68570/2010 has been assailed by the Management of Karnataka Agro Industries Corporation Limited in this appeal.

3. Briefly stated, the facts are that Vijayakumar Shankar Rao Basutkar (since deceased) was discharging his duties as a Messenger (Class-4 employee) in the appellant-Corporation. Contending that Vijayakumar Basutkar had committed certain acts of misconduct, he was dismissed from service by order dated 27.07.1996.

Being aggrieved by his dismissal, Vijayakumar Basutkar assailed the same by filing a claim statement under Section 10(4-A) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act', for the sake of brevity). He sought for setting aside of the order of dismissal and for reinstatement with full backwages. The Labour Court, by its award dated 21.07.2003, partly allowed the claim statement by setting aside the order of dismissal and directing reinstatement with continuity of service and all consequential benefits, but without any entitlement as to backwages.

Being aggrieved by the said award, appellant-Corporation as well as deceased employee preferred W.P. No. 44307/2004 and W.P. No. 31271/2004 before this Court. By order 03.10.2017, learned single Judge of this Court dismissed the petition filed by the claimant Vijayakumar Basutkar (since deceased) and partly allowed the writ petition filed by the Management and remanded the matter to the Labour Court for fresh adjudication.

The Labour Court at Bijapur reconsidered the matter and passed a fresh award on 05.01.2010 dismissing the claim petition filed by the employee. Being aggrieved by the said award, he preferred W.P. No. 68570/2010 before this Court. The learned single Judge, by order dated 01.06.2017, has allowed the write petition by setting aside the order of the Labour Court dated 05.01.2010 passed in KID No. 78/1996 and directed the appellant/ Corporation to pay a sum of Rs. 7.5 Lakhs (Rupees Seven Lakhs and Fifty Thousand Only) to the legal representatives of the deceased workman by three separate cheques in a sum of Rs. 1.25 Lakhs each in favour of two sons and Rs. 5 Lakhs in favour of the widow of the deceased employee, within a period of three months from that day, failing which, the compensation shall bear simple interest at 9% p.a. from 01.09.2017 till the date of actual payment and the responsible persons and officers would also be responsible to face contempt action. Being aggrieved by the order of the learned single, the appellant-Corporation has preferred this appeal.

4. We have heard learned counsel for the appellants and learned counsel for the respondents, and perused the material on record.

5. Appellants' counsel drew our attention to Ex.M-17 and Ex.M-18, copies of which have been made available to the Court, to contend that the said letters have been written and signed by the deceased employee admitting misappropriation of Rs. 51,085.75/-; he has also further stated that the said amount could be deducted from the monthly salary; that it is on the basis of the said documents that the Labour Court dismissed the claim petition filed by the deceased employee and the said order did not require any interference by the learned single Judge, however, the learned single Judge has set aside the dismissal of the claim petition and allowed the writ petition and awarded compensation of Rs. 7.5 Lakhs to be paid to the respondents herein. Learned counsel submitted that when the deceased employee in his own handwriting and with his own signature had admitted his guilt of misappropriation and when the said documents were proved by the management / Corporation (appellants herein), there was nothing further to be established by the Corporation; that the Labour Court rightly placed reliance on the said exhibits and dismissed the claim petition filed by the deceased employee; that the learned single Judge ought not to have interfered with the award passed by the Labour Court. Learned counsel for the appellants, contended that the impugned order calls for interference in this appeal.

6. Per contra, learned counsel appearing for the respondents contended that the order passed by the learned single Judge would not call for any interference as reasons have been assigned as to why Ex.M-17 and Ex.M-18 could not be relied upon and therefore, the learned single Judge, by the impugned order, has rightly set aside the award passed by the Labour Court. He submits that there is no merit in this appeal and hence, the appeal may be dismissed.

7. Having heard learned counsel for the respective parties and on a close perusal of the material on record, the impugned order as well as Ex.M-17 and Ex.M-18, which are in Kannada language, we find that the said documents viz., Ex.M-17 and Ex.M-18 have been signed by the deceased employee. No doubt, on a reading of the said documents, it gives an impression that the deceased employee had admitted misappropriation and his guilt, and had permitted the appellants-Corporation to deduct the misappropriated amount of Rs. 51,085.75/- from his salary. Be that as it may. We also notice that Ex.M-17 is not a simple communication admitting the guilt made by the deceased employee; it also bears the signature of G.B. Teggi, Manager, A.D. Gorpade, Deputy Manager and K.N. Kulkami, Manager. We do not understand as to why if the employee had admitted his guilt by virtue of his letter - Ex.M-17, the said letter should also bear the signatures of the aforesaid : three Managers. This clearly indicates that the confession of the employee is not a confession in the true sense; it is only an extracted confession at the behest of the aforesaid three Managers who have counter-signed the said confession. Further in paragraph 11 of the impugned order learned single Judge has stated that Exs.M-17 and M-18 were recorded even prior to the service of the charge sheet and his confession was procured under undue influence of the three Senior Managers who have countersigned the confession of the workman. The learned single Judge further notes that the employee was a Class-IV employee; a lowly paid and not fully qualified employee; he was only 8th standard pass and had simply surrendered to the dictates of the senior officers who procured the confession statement. In the circumstances, the learned single Judge has not placed any reliance on Ex.M-17 as well as Ex.M-18, particularly, in the absence of any corroborative evidence placed by the Corporation or for that matter any independent evidence to establish the guilt of the workman.

8. Having regard to the fact that the appellant-Corporation is not fully functional and is virtually closed, instead of remanding the matter t

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o the Labour Court for fresh consideration, the learned single Judge, in his discretion, has directed the Corporation to pay the compensation of Rs. 7.5 Lakhs in favour of the legal representatives of the deceased employee. We do not find any infirmity in the reasoning of the learned single Judge or in the direction issued by him so as to compensate the legal representatives of the deceased employee. As the learned single Judge has rightly quashed the order of the Labour Court and in a sense has allowed the claim petition filed by the deceased employee, we do not find any merit in this appeal. Hence, the writ appeal is dismissed. 9. In view of dismissal of the appeal, I.A. No. 1/2017 and 2/2017 would not survive for consideration and they also stand dismissed.
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