BDK VALVES PRIVATE LIMITED vs SANTOSH — CP/100167/2026

B. Muralidhara PaiView PDF

Case Summary: CP/100167/2026 - BDK VALVES PRIVATE LIMITED vs SANTOSH Court: High Court of Karnataka, Dharwad Bench Date: 12th June 2026 Judge: Hon'ble Mr. Justice B. Muralidhara Pai Facts BDK Valves Private Limited (petitioner) terminated services of 163 employees on 27.11.2024 for alleged grave misconduct stemming from participation in an illegal strike. A trade union subsequently raised industrial disputes before the Deputy Commissioner and Labour Court, Hubballi under the Industrial Disputes Act, 1947. The respondents (individual workers including Santosh) filed individual industrial disputes seeking relief for their dismissals. Key Issue Whether pending industrial dispute cases at the Labour Court should be transferred to Industrial Tribunals constituted under the Industrial Relations Code, 2020, which came into effect on 21.11.2025. Court's Decision DISMISSED - The court rejected the petitioner's plea to transfer cases to Industrial Tribunals under the Code. Key Reasoning 1. Section 51 of IRC 2020: While this provision mandates transfer of cases pending on commencement date, the Tribunals under the Code have not yet been constituted. 2. Government Clarifications (Removal of Difficulties Orders): The Central Government issued notifications dated 08.12.2025 and 02.02.2026 under Section 103 of the Code, clarifying that existing Labour Courts and statutory authorities shall continue functioning until corresponding authorities are appointed under the Code—to ensure continuity and avoid legal/administrative vacuum. 3. Section 24 CPC Cannot Apply: The general power to transfer proceedings cannot be exercised in isolation. Transfer requires a competent forum to exist, which doesn't presently. 4. Statutory Transfer Authority: Transfer under industrial laws is governed by Section 33B(1) of ID Act and Section 92(1) of the Code—powers vested with the appropriate government, not courts. 5. Constitutional Powers Limited: Articles 226-227 relief applies only for bias, denial of natural justice, or special circumstances—not merely for jurisdictional arguments about repealed statutes. Result The Labour Court, Hubballi shall continue adjudicating these disputes pending constitution of Industrial Tribunals under the Code. This case analysis is maintained by casestatus.in based on publicly available court records.

Orders

B. Muralidhara Pai

First hearing

Initial hearing scheduled

Case filed

Registration No. CP/100167/2026