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M/s. Aditya Auto Products & Engineering India Pvt. Ltd., Represented by its Head-HR Ramesh Pai v/s M/s. Aditya Auto Products (NTTF), Rep. by its Secretary & Others


Company & Directors' Information:- S M AUTO ENGINEERING PVT LTD [Active] CIN = U34300MH1976PTC019348

Company & Directors' Information:- ADITYA AUTO PRODUCTS AND ENGINEERING (INDIA) PVT LTD [Active] CIN = U35204KA1996PTC020766

Company & Directors' Information:- E R AUTO PRIVATE LIMITED [Active] CIN = U34300HR2002PTC035002

Company & Directors' Information:- ADITYA AUTO ENGINEERING PRIVATE LIMITED [Active] CIN = U34201KA2009PTC050556

Company & Directors' Information:- P P PRODUCTS PVT LTD [Active] CIN = U32305WB1991PTC051091

Company & Directors' Information:- ADITYA LIMITED [Active] CIN = U45400DL2012PLC231460

Company & Directors' Information:- K K PRODUCTS LIMITED [Active] CIN = U31300DL1991PLC045521

Company & Directors' Information:- K B PRODUCTS PRIVATE LIMITED [Active] CIN = U51909MH2007PTC169627

Company & Directors' Information:- K Y AUTO PRIVATE LIMITED [Active] CIN = U50300JK2013PTC003849

Company & Directors' Information:- J. S. B. AUTO PRIVATE LIMITED [Active] CIN = U50300DL2010PTC198144

Company & Directors' Information:- T & R AUTO PRIVATE LIMITED [Active] CIN = U50200TG2012PTC082553

Company & Directors' Information:- K G PRODUCTS PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031201

Company & Directors' Information:- D R D B AUTO PRIVATE LIMITED [Strike Off] CIN = U74899DL1988PTC032028

Company & Directors' Information:- A-1 AUTO PVT. LTD [Active] CIN = U51502MH2006PTC165934

Company & Directors' Information:- S S P PRODUCTS PRIVATE LIMITED [Active] CIN = U22110WB1974PTC210201

Company & Directors' Information:- AUTO INDIA PRIVATE LIMITED [Active] CIN = U65991TN1984PTC010923

Company & Directors' Information:- M N AUTO PRODUCTS PRIVATE LIMITED [Active] CIN = U50300TZ2004PTC011066

Company & Directors' Information:- ADITYA PRODUCTS LIMITED [Amalgamated] CIN = U51909DL1993PLC053066

Company & Directors' Information:- M L B PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC040990

Company & Directors' Information:- K V AUTO LTD [Strike Off] CIN = U28932PB1994PLC014522

Company & Directors' Information:- M M PRODUCTS LIMITED [Strike Off] CIN = U28994DL1992PLC050955

Company & Directors' Information:- M P K PRODUCTS PVT LTD [Active] CIN = U26919AS1994PTC004183

Company & Directors' Information:- G K PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC043260

Company & Directors' Information:- N R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51109AS1998PTC005561

Company & Directors' Information:- C L PRODUCTS INDIA LIMITED [Active] CIN = U51909DL2002PLC116975

Company & Directors' Information:- K. S. A. PRODUCTS PRIVATE LIMITED [Active] CIN = U51220PB2014PTC039023

Company & Directors' Information:- K G N AUTO PRIVATE LIMITED [Active] CIN = U74900PN2015PTC157675

Company & Directors' Information:- J. S. AUTO PRIVATE LIMITED [Active] CIN = U34102UP1986PTC008173

Company & Directors' Information:- P D AUTO PRODUCTS PRIVATE LIMITED [Active] CIN = U51909DL2003PTC118588

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- S B M ENGINEERING PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U28920MH1975PTC018338

Company & Directors' Information:- D. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U52320DL2011PTC213508

Company & Directors' Information:- R S PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036603

Company & Directors' Information:- R R PRODUCTS PRIVATE LIMITED [Active] CIN = U24249HR1999PTC034291

Company & Directors' Information:- I G PRODUCTS PRIVATE LIMITED [Active] CIN = U74999WB2012PTC183503

Company & Directors' Information:- P S AUTO PRIVATE LIMITED [Active] CIN = U34300MH1999PTC120052

Company & Directors' Information:- J S R PRODUCTS PRIVATE LIMITED [Active] CIN = U31908DL2007PTC170841

Company & Directors' Information:- C F C PRODUCTS PRIVATE LIMITED [Active] CIN = U28129DL1998PTC095531

Company & Directors' Information:- P M C AUTO LIMITED [Strike Off] CIN = U34300DL1995PLC071849

Company & Directors' Information:- B C C AUTO PVT LTD [Active] CIN = U74899DL1992PTC051439

Company & Directors' Information:- H H AUTO PRIVATE LIMITED [Amalgamated] CIN = U34100DL2009PTC192880

Company & Directors' Information:- M M AUTO PRIVATE LIMITED [Strike Off] CIN = U50300UP1988PTC009527

Company & Directors' Information:- ADITYA AND COMPANY (INDIA) PRIVATE LIMITED [Active] CIN = U27107RJ2004PTC019073

Company & Directors' Information:- M S PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC055125

Company & Directors' Information:- B R PRODUCTS PRIVATE LIMITED [Active] CIN = U31909DL1999PTC100727

Company & Directors' Information:- S P B PRODUCTS LIMITED [Active] CIN = U51909DL1996PLC082631

Company & Directors' Information:- S I ENGINEERING PRODUCTS PRIVATE LIMITED [Active] CIN = U27100HR1995PTC032698

Company & Directors' Information:- G K D PRODUCTS PRIVATE LIMITED [Active] CIN = U15431WB1998PTC086840

Company & Directors' Information:- M B R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1993PTC060806

Company & Directors' Information:- G B AUTO PRIVATE LIMITED [Strike Off] CIN = U50400MH1998PTC114977

Company & Directors' Information:- P D PRODUCTS PRIVATE LIMITED [Active] CIN = U23201DL2000PTC108462

Company & Directors' Information:- S K M PRODUCTS PRIVATE LIMITED [Active] CIN = U18101DL1998PTC093415

Company & Directors' Information:- H R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1978PTC009183

Company & Directors' Information:- R K AUTO ENGINEERING PRIVATE LIMITED [Active] CIN = U18101DL2001PTC109348

Company & Directors' Information:- V S PRODUCTS PRIVATE LIMITED [Active] CIN = U36900DL2008PTC185445

Company & Directors' Information:- M C AUTO PVT LTD [Under Process of Striking Off] CIN = U34300DL1977PTC008716

Company & Directors' Information:- H K PRODUCTS LIMITED [Active] CIN = U51900GJ2015PLC085457

Company & Directors' Information:- E N B AUTO (INDIA) PRIVATE LIMITED [Active] CIN = U34300PB1988PTC008040

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- S R K PRODUCTS PRIVATE LIMITED [Active] CIN = U51221KA1989PTC010032

Company & Directors' Information:- G M PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC044687

Company & Directors' Information:- V T N PRODUCTS PVT LTD [Active] CIN = U51109WB1996PTC080094

Company & Directors' Information:- W S T Q PRODUCTS PRIVATE LIMITED [Active] CIN = U31300DL1999PTC102655

Company & Directors' Information:- G S T PRODUCTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U31909TN2006PTC059575

Company & Directors' Information:- S M P PRODUCTS PRIVATE LIMITED [Active] CIN = U25200DL2009PTC190965

Company & Directors' Information:- S N S PRODUCTS PRIVATE LIMITED [Active] CIN = U15490DL2005PTC142749

Company & Directors' Information:- U B PRODUCTS PRIVATE LIMITED [Active] CIN = U51224DL2002PTC116457

Company & Directors' Information:- K D R AUTO PRIVATE LIMITED [Active] CIN = U34300DL2005PTC132732

Company & Directors' Information:- HEAD ENGINEERING PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900AP2015PTC096272

Company & Directors' Information:- A AND A PRODUCTS PRIVATE LIMITED [Active] CIN = U21098MP2004PTC017128

Company & Directors' Information:- V J PRODUCTS PRIVATE LIMITED [Active] CIN = U36900GJ2011PTC065252

Company & Directors' Information:- D E ENGINEERING PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U29113WB1999PTC088830

Company & Directors' Information:- S AND A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51311DL1991PTC042938

Company & Directors' Information:- S AND G PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909DL1982PTC014843

Company & Directors' Information:- B P PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24241WB1999PTC089499

Company & Directors' Information:- D AND P PRODUCTS LIMITED [Amalgamated] CIN = U99999MH1951PTC008422

Company & Directors' Information:- S D H PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U55204KA2006PTC040734

Company & Directors' Information:- V M PRODUCTS PRIVATE LIMITED [Active] CIN = U24100DL2014PTC266679

Company & Directors' Information:- K S R AUTO PRIVATE LIMITED [Active] CIN = U34300PN2011PTC140367

Company & Directors' Information:- E C A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U27209TN1987PTC014022

Company & Directors' Information:- AUTO (INDIA) ENGINEERING LIMITED [Amalgamated] CIN = U34300TN2003PLC050368

Company & Directors' Information:- J P AUTO PVT LTD [Strike Off] CIN = U50402WB1991PTC052147

Company & Directors' Information:- R AND H AUTO INDIA PVT LTD [Active] CIN = U74899DL1982PTC013349

Company & Directors' Information:- G B B S AUTO PRODUCTS PVT LTD [Strike Off] CIN = U34103WB1988PTC043697

Company & Directors' Information:- ADITYA ENGINEERING (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74210TN2006PTC058565

Company & Directors' Information:- D D AUTO PRIVATE LIMITED [Active] CIN = U74899DL1985PTC022306

Company & Directors' Information:- C R AUTO PRIVATE LIMITED [Strike Off] CIN = U34300PB1997PTC020137

Company & Directors' Information:- G S PRODUCTS LIMITED [Strike Off] CIN = U25191UP1989PLC010483

Company & Directors' Information:- AUTO PRODUCTS PVT LTD [Strike Off] CIN = U34300TG1972PTC001528

Company & Directors' Information:- K AND K AUTO PRIVATE LIMITED [Active] CIN = U29199TZ1996PTC007431

Company & Directors' Information:- J K M AUTO PRIVATE LIMITED [Strike Off] CIN = U34300DL2005PTC143914

Company & Directors' Information:- A R K PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24231UP1978PTC004606

Company & Directors' Information:- K AND K AUTO PRIVATE LIMITED [Not available for efiling] CIN = U34300DL1988PTC032426

Company & Directors' Information:- S. M. PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17299DL1966PTC004634

Company & Directors' Information:- AUTO REP PRIVATE LIMITED [Strike Off] CIN = U35990KA1986PTC007969

Company & Directors' Information:- H B AUTO (INDIA) PRIVATE LIMITED [Active] CIN = U50401OR1988PTC002075

Company & Directors' Information:- S B G AUTO PRIVATE LIMITED [Strike Off] CIN = U50101MH2006PTC158566

Company & Directors' Information:- R. M. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U74999MH2017PTC298120

Company & Directors' Information:- P & Q PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2014PTC269162

Company & Directors' Information:- O P AUTO PRIVATE LIMITED [Active] CIN = U51103DL2008PTC181391

Company & Directors' Information:- D K S AUTO PVT LTD [Strike Off] CIN = U34300DL2001PTC111465

Company & Directors' Information:- C L K AUTO PRIVATE LIMITED [Strike Off] CIN = U34300DL2003PTC118551

Company & Directors' Information:- K B H AUTO PRIVATE LIMITED [Strike Off] CIN = U74899DL2000PTC107258

Company & Directors' Information:- H T PRODUCTS PVT LTD [Strike Off] CIN = U29266WB1981PTC033424

Company & Directors' Information:- PRODUCTS (INDIA) LTD [Strike Off] CIN = U31901WB1961PLC024991

Company & Directors' Information:- M PRODUCTS & CO PVT LTD [Strike Off] CIN = U51909WB1956PTC023215

Company & Directors' Information:- R K AUTO INDIA PVT LTD [Strike Off] CIN = U99999DL2000PTC901836

    Writ Appeal No. 1 of 2019 (L-RES)

    Decided On, 17 July 2019

    At, High Court of Karnataka

    By, THE HONOURABLE CHIEF JUSTICE MR. ABHAY S. OKA & THE HONOURABLE MR. JUSTICE H.T. NARENDRA PRASAD

    For the Appellant: S.N. Murthy, Senior Counsel, a/w Somashekar, Advocate. For the Respondents: R1, K. Subba Rao, Senior Counsel, a/w K.S. Subramanya, Advocate, R2 & R3, S.H. Prashanth, AGA.



Judgment Text

(Prayer: This writ appeal is filed under Section 4 of the Karnataka High Court Act praying to set aside the order of the learned Single Judge dated: 05.12.2018 in Writ Petition No. 24308/2018 and consequently the order bearing No.SOA/CR-25/2017-18 dated 22.05.2018 at Annexure 'K' in the Writ Petition passed by third Respondent and pass such other orders as deemed fit in the facts and circumstances of the case.)

H.T. Narendra Prasad, J.

1. This appeal is directed against the order dated 5th December 2018 passed by the learned Single Judge in W.P.No.24308/2018, whereby the learned Single Judge dismissed the writ petition filed by the appellant herein.

2. The brief facts of the case are that the appellant is engaged in manufacturing of wide range of products which includes stamped sheet metal components manufactured in high speed and high tonnage power presses. The appellant Company took over the management of NTTF Industries Limited under Section 25FF of the Industrial Disputes Act, 1947 (for short, 'ID Act'). The appellant has entered into a settlement with the first respondent on 26th December 2014 for a period of three years from 1st January 2014 to 31st December 2017.

3. The State Government has amended the Karnataka Industrial Employment (Standing Orders) Rules (for short, 'the said Rules') enhancing the age of retirement from 58 years to 60 years by a notification dated 27th March 2017 which is gazetted on 28th March 2017. Immediately thereafter, the first respondent Union filed an application before the second respondent on 18th April 2017 seeking amendment of Standing Order for enhancement of retirement age from 58 years to 60 years. After hearing both the parties, the second respondent rejected the application filed by the first respondent Union by order dated 19th December 2017. Being aggrieved by the same, the first respondent filed an appeal before the third respondent on 12th January 2018 under Section 6 of the Industrial Employment (Standing Orders) Act, 1946 (for short, "the said Act of 1946"). The appellate authority, after hearing both the parties, passed an order on 22nd May 2018 allowing the appeal filed by the first respondent by enhancing the age of retirement from 58 years to 60 years. Being aggrieved by the same, the appellant Company has filed a writ petition before this Court. The learned single Judge by order dated 5th December 2018 dismissed the writ petition filed by the appellant Company. Being aggrieved by the same, the appellant has filed this appeal under Section 4 of the Karnataka High Court Act, 1961.

4. Sri S.N.Murthy, learned Senior Counsel appearing for Sri Somashekar firstly submitted that there is a settlement between the appellant and the first respondent dated 26th December 2014 for a period of three years. This settlement was not brought to the notice of either the second respondent or the third respondent Authority. The same has been placed for the first time before the learned Single Judge. Since both the parties have admitted the settlement between the parties, the settlement is going to the root of the matter and the same is admitted and uncontroverted. But the learned Single Judge has failed to consider the same. In support of his contention he has relied on the judgment of the Apex Court in the case of RATTAN LAL SHARMA vs. MANAGING COMMITTEE, DR.HARI RAM (CO-EDUCATION) HIGHER SECONDARY SCHOOL AND OTHERS ((1993) 4 SCC 10) Secondly, the learned Senior Counsel contended that the appellant Company and the first respondent employees are bound by the terms of the settlement dated 26th December 2014 wherein the employees of the Union have agreed not to reopen any matter or raise any financial burden on the petitioner Company directly or indirectly. That settlement is for a period of three years from 1st January 2014 to 31st December 2017. Hence, the order passed by the appellate authority under Section 6 of the Act is contrary to law. To substantiate his contention he has relied on the judgment of the Apex Court in the case of BARAUNI REFINERY PRAGATISHEEL SHRAMIK PARISHAD vs. INDIAN OIL CORPORATION LIMITED ((1991) 1 SCC 4).

5. Per contra, the learned Senior Counsel Sri K.Subba Rao, appearing for the first respondent has contended regarding the settlement dated 26th December 2014 placed before the learned Single Judge for the first time without urging either before the certifying authority or before the appellate authority. Hence, he submits that the appellant is estopped from raising the said contention. Secondly, he contended that the settlement between the management and the union dated 26th December 2014 has expired on 31st December 2017 and the order passed by the appellate authority is after expiry of the validity period of the term of the settlement. Hence, the appellate authority has rightly modified the Standing Order by increasing the age of retirement from 58 years to 60 years.

6. Heard learned counsel for the parties and perused the appeal papers.

7. It is not in dispute that the appellant took over the management of NTTF under Section 25FF of the ID Act and also there is no dispute that the appellant and the first respondent have entered into a settlement dated 26th December 2014 for a period of three years with effect from 1st January 2014 to 31st December 2017. Clause 35 is extracted hereinbelow:

"Clause 35. Existing privileges/Benefits: It is agreed that all the existing facilities, privileges, amenities, which are not altered in this settlement are continued without any change"

8. This settlement was not brought before the certifying authority or before the appellate authority. The contention was raised regarding the existence of the settlement between the management and the union for the first time before the learned Single Judge. It is not in dispute that both the parties have admitted the settlement dated 26th December 2014. The Hon'ble Apex Court in the case of RATTAN LAL SHARMA (supra) has held that the plea which is going to the root of the matter and based on admitted and uncontroverted facts should not have been rejected and it does not require any further investigation into the question of fact. The same can be placed first time before the High Court under Article 226 of the Constitution of India. Therefore, there is no dispute in the first point raised by the appellant.

9. The point which is relevant for our consideration in this case is the second contention raised by the appellant. After the appellant took over the management of NTTF Industrial Limited under Section 25FF of the ID Act, the appellant entered into a settlement dated 26th December 2014 with the first respondent Union for a period of three years from 1st January 2014 to 31st December 2017. In the meantime, the State Government, in exercise of the powers conferred under sub-section (1) of Section 15 of the said Act of 1946 has made the Rules called Karnataka Industrial Management (Standing Order) (Amendment) Rules 2017 thereby increasing the age of retirement to 60 years. The amended Rules have been notified in the gazetted on 28th March 2017. The first respondent Union has submitted the letter dated 18th April 2017 to the second respondent seeking for amendment of the Standing Order. The second respondent, after hearing the parties rejected the application filed by the first respondent Union by order dated 19th December 2017. Being aggrieved by the same, the first respondent Union filed an appeal before the third respondent on 12th January 2018 under Section 6 of the Standing Order, which reads thus:

"6. Appeals.- (1) Any employer, workman, trade union or other prescribed representatives of the workmen aggrieved by the order of the Certifying Officer under sub-section (2) of Section 5 may, within thirty days from the date on which copies are sent under sub-section (3) of that section, appeal to the appellate authority, and the appellate authority whose decision shall be final, shall by order in writing confirm the standing orders either in the form certified by the Certifying Officer or after amending the said standing orders by making such modifications thereof or additions thereto as it thinks necessary to render the standing orders certifiable under this Act.

(2) The appellate authority shall, within seven days of its order under sub-section (1) send copies thereof to the Certifying Officer, to the employer and to the trade union or other prescribed representatives of the workmen, accompanied, unless it has confirmed without amending the standing orders as certified by the Certifying Officer, by copies of the standing orders as certified by it and authenticated in the prescribed manner."

10. By a plain reading of the above provision, it is very clear that the appellate authority has the power to amend, modify or add to the standing order as it thinks necessary to render the standing order certifiable under the said Act.

11. In the case on hand, the appeal is filed on 12th January 2018. The appellate authority has amended the standing order by enhancing the retirement age from 58 years to 60 years on 22nd May 2018. The order passed by the appellate authority is after the expiry of the term of the settlement. As on the date of amendment of the Standing Order by the appellate authority, the term of settlement between the parties was not in force. Once the settlement comes to an end, the authorities can modify the Standing Orders. The Hon'ble Apex Court in the case of LIFE INSURANCE CORPORATION OF INDIA vs. D.J.BAHADUR ((1981) 1 SCC 315) held that "on the expiry of the period prescribed in the sub-section the conceptual quality of the transaction as a 'settlement' comes to an end. The ban lifts. The parties are no longer bound to maintain the industrial status quo in respect of matters covered by the settlement. They are at liberty to seek an alteration of the contract. But until altered, the contract continues to govern the relations between the parties in respect of terms and conditions of the service."

12. Therefore, on the expiry of the term of settlement on 31st December 2017, the appellate authorities could have passed order of am

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ending the standing order contrary to the terms of settlement. The impugned order passed by the third respondent on 22nd May 2018 was after the expiry of the term of the settlement dated 26th December 2014. Therefore, the order dated 22nd May 2018 passed by the third respondent is in accordance with law. 13. The judgment referred by the appellant in BARAUNI REFINERY PRAGATISHEEL SHRAMIK PARISHAD (supra) wherein the modification of the Standing Order passed by the appellate authority during the subsistence of settlement between the parties. Hence, the Hon'ble Supreme Court has held that during the operation of the settlement, it was not open to the workmen to demand for modification in the relevant clause of the Standing Order. But, in the case on hand, as on the date of amendment of the Standing Order, that is, on 22nd May 2018 the settlement between the parties was not in existence. Hence, the aforesaid judgment is not applicable to the facts of the present case. 14. Therefore, we are of the opinion that there is no error in the order passed by the learned Single Judge. Accordingly, writ appeal is dismissed.
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