Karnataka High Court
Shri Shabber Ahammed vs The Management Of on 24 October, 2025
Bench: R Devdas, Pradeep Singh Yerur
-1-
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE JUSTICE R.DEVDAS
AND
THE HON'BLE JUSTICE PRADEEP SINGH YERUR
REVIEW PETITION NO. 100126 OF 2022
C/W
REVIEW PETITION NO. 100057 OF 2023
IN REVIEW PETITION NO. 100126 OF 2022
BETWEEN
THE MANAGEMENT OF
M/S GRASIM INDUSTRIES LTD.,
UNIT: HARIHAR POLYFIBERS,
KUMARAPATTANAM 581123,
RANEBENNUR TALUK, HAVERI DIST.
......PETITIONER
(BY SRI. PRAMOD N KATHAVI., SR. COUNSEL FOR
SRI. GANGADHAR S HOSAKERI & D.M. MALLI., ADVOCATES)
AND
1. THE GENERAL SECRETARY
HARIHAR POLYFIBERS,
EMPLOYEES UNION,
KUMARAPATTANAM 581123,
RANEBENNUR TALUK.
HAVERI DIST.
2. DEPUTY LABOUR
COMMISSIONER BELAGAVI DIVISION,
BELGAVI-590001.
-2-
3. ADDITIONAL LABOUR
COMMISSIONER (INDUSTRIAL RELATIONS),
AND APPELLATE AUTHORITY UNDER
THE INDUSTRIAL EMPLOYEMENT,
(STANDING ORDERS ACT), 1946,
DAIRY CIRCLE, BANNERGHATTA ROAD,
BENGALURU 560029
...RESPONDENTS
(BY SRI. S.L.MATTI, ADVOCATE FOR R1 SRI. ASHOK KATTIMANI., AGA FOR R2 & R3) THIS RP IS FILED UNDER ORDER 47 RULE 1 OF CPC, R/W SEC. 114 OF CPC PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE JUDGMENT DATED 05.07.2022 PASSED BY THIS HONBLE COURT IN WRIT APPEAL NO. 100250/2021 AND ALLOW THIS REVISION PETITION AND REVIEW THE JUDGMENT DATED 05.07.2022 PASSED BY THIS HONBLE COURT IN WRIT APPEAL NO. 100250/2021 AND ETC.
IN REVIEW PETITION NO. 100057 OF 2023 BETWEEN
1. SHRI SHABBER AHAMMED S/O ABDUL RAJAK SAB AGE. 61 YEARS, OCC: RETD. EMPLOYEE, R/O. KESHAVA NAGAR, PATEL BADAWANE, HARIHAR, HARIHAR TQ, DIST. DAVANAGERE 577601.
2. MR. SYFULLA K.S. AGE 60 YEARS OCC: RETD. EMPLOYEE R/O KEB ROAD, NEAR OLD MOSQUE AT KODIYAL HOSPETE PO KUMARAPATNAM-581123 TQ RANEBENNUR, DIST. HAVERI.
3. MR. BASAPPA N.C. AGE 60 YEARS OCC: RETD. EMPLOYEE -3- R/O NEAR GRAM PANCHAYAT OFFICE AT KODIYAL HOSPETE PO KUMARAPATNAM-581123 TQ RANEBENNUR, DIST. HAVERI.
4. MR. UMESH K AGE 62 YEARS OCC: RETD. EMPLOYEE, R/O C/O RAGHAVENDRA D HIG-47, KHB COLONY AMARAVATHI POST, TQ. HARIHAR DAVANAGERE DIST 577601.
5. MR. PRAKASH K AGE 63 YEARS OCC: RETD. EMPLOYEE, R/O 2ND CROSS, BEHIND APJ KALAM SCHOOL KALIDAS NAGAR, HARIHAR-577601 DAVANAGERE DIST.
6. MR. BASAPPA H.H AGE 60 YEARS OCC: RETD. EMPLOYEE, R/O NEAR BEERAPPA TEMPLE, HULIKATTI POST KARUR TQ., RANEBENNUR-581145 DIST HAVERI.
7. MR. CHANNAPPA K.H. S/O KARIYAPPA HUCHANNAVAR AGE 63 YEARS OCC: RETD. EMPLOYEE, AT KODIYAL HOSPETE PO KUMARAPATNAM-581123 TQ RANEBENNUR, DIST. HAVERI.
8. MR.NAGAPPA ANGADI S/O RAMAPPA ANGADI AGE 62 YEARS OCC: RETD. EMPLOYEE R/O AT POST MAKANUR TQ RANEBENNUR, DIST. HAVERI.
9. MR. HANUMANTHASA KATARE S/O RAMANNA KATARE -4- AGE 63 YEARS OCC: RETD. EMPLOYEE R/I 1ST MAIN, 11TH CROSS, J.C. EXTENSION HARIHAR-577601, DIST DAVANAGERE.
10. MR. VEERABHADRAPPA N.M AGE 60 YEARS OCC: RETD. EMPLOYEE R/O NEAR BEERAPPA TEMPLE AT KAVALETTU POST KUMARAPATNAM-581123 DIST. DAVANAGERE
11. MR. CHOWGLE S.S. AGE 61 YEARS OCC: RETD. EMPLOYEE R/E NEAR BEERAPPA TEMPLE AT KAVALETTU POST KUMARAPATNAM-581123 DIST. DAVANAGERE
12. SMT. GOURAMMA W/O RAJAPPA ANWERI AGE 55 YEARS OCC: HOUSE HOLD R/O SUNAGAR BEDI, BASAVESHWAR TEMPLE HARIHAR-577601, DIST. DAVANAGERE.
13. SMT. ANASUYUMMA W/O H.D.KARUR AGE 58 YEARS OCC: HOUSE HOLD R/O BALEKAYE, VIDYANAGARA C BLOCK 1ST CROSS, HARIHAR-577601 DIST. DAVANAGERE
14. MR. MANJUNATHAIAH T.M. S/O CHANNABASAIAH T AGE 62 YEARS OCC: RETD. EMPLOYEE R/O BEHIND RAJASHREE TALKIES MURKAL COMPOUND, HARIHAR-577601 DIST. DAVANAGERE.
15. MR. VIJAYAKUMAR S/O GUDDEPPA -5- AGE 62 YEARS OCC: RETD. EMPLOYEE R/O H.S. EXTENSION, 5TH MAIN, 16TH CROSS, HARIHAR-577601 DIST. DAVANAGERE.
16. MR. MOHAMMED AYUB S/O ABDUL RAHIM SAB AGE 63 YEARS OCC: RETD. EMPLOYEE R/O 38 OPP SKP MADARASA BEEDI LAYOUT, DAVANAGERE-577001.
17. MR. MAHESHWARAPPA V CHAKRASALI AGE 63 YEARS OCC: RETD. EMPLOYEE R/O NEAR KANADE AREA, KODIYAL HOSAPETE, POST KUMARPATNAM-581123 TQ RANEBENNUE, DIST HAVERI.
18. MR. RUDRACHARI MAYACHARI AGE 60 YEARS OCC: RETD. EMPLOYEE R/O NEAR MARADI, KENCHAMMA TEMPLE OLD MAKANUR-581123 TQ. RANEBENNUR, DIST. HAVERI
19. MR. MANJUNATH NARAYAN NAIK AGE 62 YEARS OCC: RETD. EMPLOYEE R/O C/O PUTTANAGOWDA, RENUKA NILAYA KODIYAL HOSAPETE, POST KUMARPATNAM-581123 TQ. RANEBENNUR, DIST. HAVERI.
20. MR. RAVINDRA SHETTIGAR K AGE 62 YEARS OCC: RETD. EMPLOYEE R/O KODAVOOR VILLAGE-576108 UDUPI TQ AND DIST. UDUPI
21. MR. DAMODAR MASTI NAIK AGE 62 YEARS OCC: RETD. EMPLOYEE R/O ABBIJARRI ROAD, NEAR PRIMARY SCHOOL -6- AT POST TADRI 581326, TQ: KUMTA DIST. KARWAR
22. MR. MRUTHUNJAYA S/O HALAYYA AGE 62 YEARS OCC: RETD. EMPLOYEE R/O VIDYANAGAR 2ND CROSS KODIYAL HOSAPETE KUMARAPATNAM-581123 TQ. RANEBENNUR, DIST-HAVERI.
23. MR. UJJAPPA B.M. S/O BASAPPA MAJJAGI AGE 63 YEARS OCC: RETD. EMPLOYEE R/O AT POST, CHALAGERI-581145 TQ. RANEBENNUR, DIST: HAVERI.
24. MR. PALAGI H.R. S/O PALAGI RAMAPPA AGE 62 YEARS OCC: RETD. EMPLOYEE R/O VINAYAK NAGAR KODIYAL HOSPETE KUMARPATNAM-581123 TQ RANEBEENUR DIST:HAVERI.
25. MR. SADANANDAPPA D. S/O. BASAPPA D AGE 62 YEARS OCC: RETD. EMPLOYEE R/O TUNGABHADRA NAGAR, KODIYAL HOSAPETE KUMARPATNAM-581123 TQ RANEBENNUR DIST. HAVERI
26. MR. JAMAL SAB R S/O RAJA SAB AGE 62 YEARS OCC: RETD. EMPLOYEE R/I 1ST MAIN, 1ST CROSS, KESHAVA NAGAR PATEL BADAVANE, HARIHAR-577601 DIST DAVANAGERE.
-7-27. MR. CHANDRAPPA N S/O NAGAPPA AGE 63 YEARS OCC: RETD. EMPLOYEE R/O KODIYAL HOSAPETE KUMARPATNAM-581123 TQ RANEBENNUR DIST. HAVERI
28. MR. ATAULLA N. ABDUL GAFAR SAB AGE 62 YEARS OCC: RETD. EMPLOYEE R/O TAHASILDAR ROAD NEAR AADIKAVERI TEMPLE HATTADAKERI, HARIHAR-577601 DIST. DAVANAGERE
29. MR. ANTONI S AGE 61 YEARS OSS RETD. EMPLOYEE R/O 3RD MAIN, 1ST CROSS KESHAVA NAGAR HARIHAR-577601, DIST. DAVANAGERE.
30. MR. KENCHAPPA M AGE 61 YEARS OCC: RETD. EMPLOYEE R/O NEAR ANAND BALAWADI AT KAVALETTU POST KUMARPATNAM-581123 TQ RANEBEMMUR, DIST HAVERI.
31. MR. SANJEEVA GOWDA B AGE 60 YEARS OCC: RETD. EMPLOYEE R/O BEHIND NALLUR BLDG, TUNGABHADRA BADAWANE KODIYAL HOSAPETE, KUMARPATNAM-581123 TQ RANEBENNUR, DIST HAVERI
32. MR. KALANDAR IBRAHIM SAB S/O IBRAHIM AGE 61 YEARS OCC: RETD. EMPLOYEE R/O NEAR KEB KODIYAL HOSAPETE KUMARPATNAM-581123 TQ RANEBENNUR, DIST HAVERI -8-
33. MR. PRAKASH MUDHOLU S/O VASUDEV AGE 61 YEARS OCC: RETD. EMPLOYEE R/O ISHWAR NAGAR, 1ST CROSS SANMUKHA NILAYAM HANGAL-581104, TQ HANAGAL DIST HAVERI.
34. MR. MANJUNATHA RAO K.H AGE 60 YEARS OCC: RETD. EMPLOYEE R/O 426, VINAYAKA NILAYA, 1ST MAIN 8TH CROSS J.C. EXTENSION HARIHAR-577601 DIST DAVANAGERE.
...PETITIONERS (BY SRI. S.L.MATTI, ADVOCATE) AND
1. THE MANAGEMENT OF M/S GRASIM INDUSRIES LTD., UNIT HARIHAR PLOY FIBERS KUMARPATNAM 581123, RANEBENNUR TQ, HAVERI DIST.
2. DEPUTY LABOUR COMMISSIONER BELAGAVI DIVISION, BELAGAVI
3. THE ADDITIONAL LABOUR COMMISSIONER (INDUSTRIAL RELATIONS) AND APPELLATE AUTHORITY UNDER THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946, DIARY CIRCLE BANNERUGHATTA ROAD BENGALURU-560029.
...RESPONDENTS (BY SRI. PRAMOD N KATHAVI., SR. COUNSEL FOR SRI. GANGADHAR S HOSAKERI., ADVOCATE FOR R1 SRI. ASHOK KATTIMANI., AGA FOR R2 & R3) THIS RP IS FILED U/O XLVII RULE 1 R/W SECTION 4 OF THE KARNATAKA HIGH COURT ACT 1974 AND ARTICLE 226 OF -9- THE INDIAN CONSTITUTION, PRAYING TO MODIFY THE ORDER PORTION AT SERIAL NO. V AS ALL THE REVIEW PETITIONERS ARE ENTITLED TO FULL BACK WAGES AS THEY ARE RETIRED FROM THE SERVICE ON OR AFTER 17.03.2018 I.E. ON ORDER PASSED BY THE CERTIFYING OFFICER IN THE ENDS OF JUSTICE AND EQUITY.
THESE REVIEW PETITIONS HAVING BEEN HEARD AND RESERVED ON 07.08.2025 AND COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, THIS COURT MADE THE FOLLOWING:
CORAM: HON'BLE MR JUSTICE R DEVDAS AND HON'BLE JUSTICE PRADEEP SINGH YERUR CAV ORDER (PER: HON'BLE MR JUSTICE R DEVDAS) The original appellant in W.A.No.100250/2021 and the contesting respondents, both have filed review petitions, seeking to review the judgment dated 05.07.2022.
2. For the sake of convenience, the parties shall be referred to as per their ranking before this Court in the Writ Appeal viz., appellant and respondent.
3. The appellant herein was the writ petitioner in W.P.No.106307/2018, raising a challenge to the certification of the subject Standing Order passed by the competent authority, enhancing the age of retirement of the employees -10- of the appellant-Industry, from 58 to 60 years. The writ petition was allowed by the learned Single Judge, upholding the orders passed by the competent authority. This Court by judgment dated 05.07.2022 dismissed the writ appeal while directing the appellant to continue the workmen in its service till they attain the age of 60 years in terms of amendment to Clause-29 of the Certified Standing Orders w.e.f. 17.03.2018; to reinstate with continuity of service and full backwages to such of the workmen who retired on or after 17.09.2021 i.e., the day on which W.P.No.106307/2018 was dismissed; however, if such of the retirees, on medical examination are found to be unfit for re-employment, they shall be paid 50% of backwages for the period between the date of their retirement and the date on which they are called for medical examination; to pay 50% of the backwages to such employees who retired from service on attaining the age of 58 years on or after 17.03.2018 for the period between the date of their retirement and the date on which they attained 60 years or the date of death, whichever is earlier etc. -11-
4. The contesting respondents, more particularly, some of the workmen who were not individually parties to the proceedings before this Court have filed R.P.No.100057/2023 pursuant to leave being granted by the Hon'ble Supreme Court to file a review petition, in terms of order dated 13.04.2023 passed in Special Leave Petition (Civil) Diary No.32366/2022. The said workmen are aggrieved of the fact that this Court granted relief and financial benefit to the workmen who had retired, by making two different categories i.e., workmen who retired from service on or after 17.09.2021 i.e., the date of dismissal of the writ petition -
entitled to full backwages and whereas the other category who retired after 17.03.2018 i.e., the date of the order passed by the Deputy Labour Commissioner, amending the Certified Standing Orders - entitled for 50% backwages.
5. In view of the liberty granted to the review petitioners in SLP No.32366/2022, I.A.No.1/2023 filed by the review petitioners in R.P.No.100057/2023 is allowed granting permission to prosecute the case, although the petitioners -12- herein are not parties to the original writ petition or writ appeal.
6. The original writ petitioner/appellant/management have raised the ground that this Court has erroneously concluded that the appellant is not classified as an industry involving hazardous and dangerous operations. However, it is contended by the appellant that Section 2(cb) of the Factories Act, 1948, defines the term 'hazardous process' to mean any process or activity in relation to any industry specified in the First Schedule, where unless special care is taken, raw materials used therein or in the intermediate or finished products, by-products, wastes or effluents thereof would cause material impairment to the health of the persons engaged in or connected therewith, or result in the pollution of the general environment. Attention of this Court is drawn to First Schedule where at Sl.No.20, in the list of industries involving hazardous processes is 'man-made fibre (cellulosic and non-cellulosic) industry' and at Sl.No.6 is pulp and paper (including paper products) industries. The appellant M/s. Harihar Polyfibres (for short referred to as -13- 'HPF'), is engaged in manufacture, distribution and sale of Rayon grade pulp and therefore, it answers to the description of hazardous process and is therefore, an hazardous industry. Further, it is contended that the appellant's manufacturing process involves chipping, cooking, washing and bleaching, de-watering, chemical recovery and power plant operation. It is contended that having regard to dangerous operations, as provided in Section 87 of the Factories Act, 1948, the appellant-industry is categorized as Major Accident Hazard Unit by the Regulatory Machinery. It is therefore submitted that since the judgment of this Court has proceeded with a wrong assumption that the appellant-
industry is not certified as hazardous industry, the judgment should be recalled, to enable reconsideration of the matter.
7. Moreover, this Court has not taken into consideration the celebrated judgment of the Apex Court in the case of Barauni Refinery Pragatisheel Shramik Parishad and Ors. Vs. Indian Oil Corporation Ltd. and Ors. (1991) 1 SCC 4, which is holding the field. It has been held in Barauni Refinery that settlement stipulating the terms and -14- conditions of service not changed under it shall remain unchanged and operative for the period of settlement and during the period of settlement the workers shall not raise any demand (except for bonus) which would put additional financial burden on the management. It was held that settlement binding on all the workmen of the undertaking and upward revision of age of superannuation would be violative of the two stipulations of the settlement.
8. On the other hand, learned Counsel for the respondent-Union reiterates the grounds raised in the review petitions, that there cannot be two categories to enjoy the benefit flowing out of the judgment passed by this Court.
9. Having heard the learned Counsel for the appellant and learned Counsel for the respondents-Union, this Court is of the considered opinion that two relevant grounds have been raised at the hands of the appellant viz., that this Court has proceeded on a wrong footing that the appellant-industry is not certified as hazardous industry and this Court has not considered the decision of the Apex Court in the case of Barauni Refinery (supra). These arguments put forth -15- would qualify to meet the contention that there is an error apparent on the face of the record. Further, the fact that the appellant as well as the contesting respondent have both sought for review, matter requires reconsideration.
10. In that view of the matter, the review petitions are allowed. The judgment passed in W.A.No.100250/2021 is hereby recalled and the appeal is restored to its original file.
Ordered accordingly.
11. Pending Interlocutory Applications, if any, stand disposed of.
Sd/-
(R DEVDAS) JUDGE Sd/-
(PRADEEP SINGH YERUR) JUDGE JT/rv/DL CT: JL