The Management of M/S Wonderla Holidays Limited v. Wonderla Karmika Sangha

Order dated

14.07.2023 disposed of the application and passed the order as under: "ORDER I.A.I filed by the first party union under section 10(4) of I.D.Act, is hereby allowed in part. Rs.3000/- is ordered to pay as interim relief per month to each, till the disposal of the present dispute on merit. The interim relief granted by this tribunal at the rate of Rs.3000/- per month to each of the workers irrespective of members in the union it is addition to the award passed by this tribunal in AID.23/2015. The second party management is hereby directed to pay the interim relief it is from January 2023 till the disposal of the dispute on merit within 02 months from the date of this order."

¶5Counsel for the petitioner submits that the Management has no objection to paying wages at the rate of Rs.3,000/- per month to the members of the Union. However, it is contended that the direction issued by the Tribunal to extend the said payment to persons who are not members of the Union is unsustainable.

In my view, the contention of the counsel for the petitioner is well-founded. The Management has fairly admitted and acknowledged its obligation to pay Rs.3,000/- per month to the members of the Union. There is, however, no basis for directing the Management to make such payment to non-members of the Union. Therefore, the Tribunal could not have extended the benefit of payment of Rs.3,000/- per month to the non-members. Counsel for the petitioner, on instructions, fairly submits that although the present petition has been filed challenging the entire order passed on the interim application, the petitioner is willing to pay Rs.3,000/- per month to the members of the Union, as directed by the Tribunal, until disposal of the award. The said submission made by the counsel for the petitioner is placed on record.

¶6Accordingly, a writ of certiorari is issued. The order dated 14.07.2023 passed by the Additional Industrial Tribunal, Bengaluru, in AID No.02/2022, vide Annexure-H, insofar as it

directs payment of Rs.3,000/- per month to the members of the Union, is confirmed. However, the portion of the said order directing payment of Rs.3,000/- per month to non-members of the Union is hereby quashed. The petitioner-Management is directed to comply with the order and pay the entire amount due within a period of four weeks from today.

¶7Resultantly, the writ petition stands disposed of.

SD/- (JYOTI M) JUDGE

MRP List No.: 1 Sl No.:45.1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 18177 OF 2023 (L-RES) BETWEEN: THE MANAGEMENT OF M/S. WONDERLA HOLIDAYS LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, 28TH K.M., MYSORE ROAD, BENGALURU-562109. REPRESENTED BY ITS PRESIDENT-ADMINISTRATOR MR. SIVADAS M., …PETITIONER (BY SRI. PRASHANTH B.K., ADVOCATE) AND: WONDERLA KARMIKA SANGHA C/O. NARASHIMAIAH, RANGANATHA PROVISION STORES, NO.150, 1ST MAIN ROAD, 3RD CROSS, SANJEEVININAGARA, HEGGANAHALLI, OPP. NEW CARMEL HIGH SCHOOL, BENGALURU-560091. REGISTERED UNDER THE TRADE UNION ACT, 1926. …RESPONDENT (BY SRI. REDDY G.V.P., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Location: HIGH COURT OF KARNATAKA THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Prashanth.B.K., counsel for the petitioner and Sri.G.V.P.Reddy., counsel for respondent appeared in person. 2. The petition is filed to quash the order dated:14.07.2023 passed by the Addl. Industrial Tribunal, Bengaluru in AID No.02/2022 vide Annexure-H is called into question in this Writ Petition on several grounds as set out in the memorandum of writ petition. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 4. Suffice it to note that pursuant to the Government reference dated 31.12.2021, the Union raised a dispute in AID No.02/2022. During the pendency of the dispute, they filed an interim application and prayed for grant of interim relief at the rate of Rs.15,000/- per month till the disposal of the case. The objections were filed. The Tribunal vide