C MAGESH Vs. STATE OF KARNATAKA
LAWS(SC)-2010-4-76
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on April 30,2010

C.MAGESH Appellant
VERSUS
STATE OF KARNATAKA Respondents

JUDGEMENT

- (1.) Narration of facts of the aforesaid criminal appeals arising out of common judgment and order passed by High court of Karnataka, Bangalore, in three criminal appeals, one preferred by convicted accused, other two by State of Karnataka, would reveal shocking and sad plight as to how a labour dispute can turn hostile culminating into a civil disobedience, thus, snatching away lives of two young women and injuring several others all working in BPL Engineering Ltd. (hereinafter shall be referred to as 'BPL')
(2.) Before coming to the prosecution story, it is necessary to give background facts of the case so as to appreciate as to how charter of demands, of workers of Trade Union had taken an ugly shape causing death of two employees and injuries to several others.
(3.) BPL has eight units spread over different parts of Bangalore city, carrying on its business activities. It appears, looking to the nature of activities that are carried on by BPL, large numbers of workers, mostly women, were engaged on temporary basis. They were apparently not satisfied working on temporary basis for long number of years. Employees of all the units of BPL Engineering Ltd. formed a common trade union. Thereafter, they applied for registration of the Union. Management of BPL opposed the registration. The Union was still registered and management filed an appeal against the said order of registration with the Assistant Labour Commissioner, in which show cause notice was issued to the Union. However, on challenge being raised by the Union to the said show cause notice by filing a petition, purportedly under Articles 226 and 227 of the Constitution of India, High Court of Karnataka, Bangalore, was pleased to quash the said show cause notice. Thus, the registered Union of BPL and its employees affiliated to CITU came into existence.;


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