Karnataka High Court M/S. Versata Enterprises, Inc vs Sri Kaustubha S. Gudi on 7 March, 2024 DATED THIS THE 7TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION No.42874/2019 (LTER) C/W WRIT PETITION No.20306/2022 (LRES) IN W.P. No.42874/2019 BETWEEN: SRI KAUSTUBHA GUDI AGED 35 YEARS, S/O. SRI SUDNYANENDRA S. GUDI R/AT NO.F8, 1ST FLOOR, NARAYAN RESIDENCY MALMADDI 6TH CROSS, DHARWAD 580 007. ... PETITIONER (BY SRI NAIK V.S., ADVOCATE) AND: 1. THE MANAGEMENT OF M/S. TRILOGY EBUSINESS SOFTWARE INDIA (P) LTD., LALITHA NILAYA, NO.1/2, 4TH CROSS, RMV II STAGE, BHOOPASANDRA, BENGALURU 560 094 REP. BY THE CHAIRMAN AND CHIEF EXECUTIVE OFFICER, email: [email protected]; [email protected]; 2. THE TECHNICAL CUSTOMER SUPPORT MANAGER, (ALONG WITH THE MANAGEMENT TEAM AND REPRESENTED BY CHIEF EXECUTIVE OFFICER) M/S. VERSATA ENTERPRISES INC. 401, CONGRESS AVE, SUITE 2650, AUSTIN, TEXAS 78701, USA email: [email protected]; [email protected]; 2 3. THE TECHNICAL CUSTOMER SUPPORT MANAGER, (ALONG WITH THE MANAGEMENT TEAM AND REPRESENTED BY CHIEF EXECUTIVE OFFICER) M/S. IGNITE TECHNOLOGIES 401, CONGREEE AVE, SUITE 2650, AUSTIN, TEXAS 78701, USA email: [email protected]; [email protected]; [email protected] ... RESPONDENTS (BY SRI V. SRINIVAS RAGHAVAN, SENIOR ADVOCATE A/W SRI P. CHINNAPPA, ADVOCATE FOR R1; SRI DHYAN CHINNAPPA, SENIOR ADVOCATE A/W SRI S. NARASIMHAN, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR ENTIRE RECORDS FROM THE PRINCIPAL LABOUR COURT, BENGALURU PERTAINING TO ANNEXURED; QUASH THE AWARD DATED 18.08.2018 PASSED BY THE PRINCIPAL LABOUR COURT, BENGALURU IN I.D.NO.20/2017 THE CERTIFIED COPY OF WHICH IS PRODUCED AND MARKED AS ANNEXURED TO THE EXTENT THE PETITIONER IS AGGRIVED, SINCE THE LABOUR COURT HAS COMMITTED ERRORS WHICH ARE APPARENT ON THE FACE OF THE RECORDS AND ETC. IN W.P. No.20306/2022 BETWEEN: 1. M/S. VERSATA ENTERPRISES, INC. A COMPANY INCORPORATED UNDER THE LAWS OF USA, HAVING OFFICE AT: 401, CONGRESS AVE, SUITE 2650, AUSTIN, TEXAS 78701, UNITED STATES OF AMERICA REPRESENTED BY ITS AUTHORISED REPRESENTATIVE, MR. PHILLIP GABRIEL YOCCA BACHMAN. 2. M/S. IGNITE ENTERPRISE SOFTWARE SOLUTIONS, INC. A COMPANY INCORPORATED UNDER 3 THE LAWS OF USA, HAVING OFFICE AT 401, CONGRESS AVE, SUITE 2650, AUSTIN, TEXAS 78701, UNITED STATES OF AMERICA REPRESENTED BY ITS AUTHORISED REPRESENTATIVE, MR. PHILIP GABRIEL YOCCA BACHMAN. ... PETITIONERS (BY SRI DHYAN CHINNAPPA, SENIOR ADVOCATE A/W SRI NARASIMHAN S., ADVOCATE) AND: 1. SRI KAUSTUBHA S. GUDI AGED ABOUT 37 YEARS, S/O. SRI SUDNAYENDRA S. GUDI, NO.F8, 1ST FLOOR, NARAYAN RESIDENCY, MALMADDI 6TH CROSS, DHARWAD 580007. 2. M/S. TRILOGY EBUSINESS SOFTWARE INDIA PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT LALITHA NILAYA, NO.1/2, 4TH CROSS, RMV II STAGE, BHOOPASANDRA, BENGALURU 560094. ... RESPONDENTS (BY SRI V.S. NAIK, ADVOCATE FOR R1; SRI V. SRINIVAS RAGHAVAN, SENIOR ADVOCATE A/W SRI P. CHINNAPPA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED AWARD DATED 18.08.2018 AT ANNEXUREA PASSED BY THE HON'BLE PRINCIPAL LABOUR COURT, BENGALURU IN I.D.NO.20/2017 AND ETC. THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED ON 22/02/2024 FOR ORDERS AND COMING FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT PRONOUNCED THE FOLLOWING: 4 ORDER The present writ petitions were connected with W.P. No.49970/2018, this Court heard all the writ petitions together, however, since in W.P. No.49970/2018 preferred by Trilogy E Business Software India Private Limited, the relationship of employer and employee was in dispute, hence, a separate order has been passed in regard to the said writ petition, in the instant writ petitions as the issue involved are interlinked, they are taken up together for disposal. 2. W.P. No.20306/2022 is preferred by M/s. Versata Enterprises Inc. and M/s. Ignite Enterprises Software Solutions Inc. a c