(L-RES) - Karjudgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/137950/1/... · near kmf milk diary, kulshekar chowki, kulshekar, ... belgaum - 590 001 represented by its executive

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®

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF OCTOBER, 2016

B E F O R E

THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

WRIT PETITION Nos.56099-56184/2015 (L-RES)

C/W

W.P.Nos.7387/2016 (L-MW), 7391/2016 (L-RES),

7453-7458/2016 (L-RES), 7459-7465/2016, 7556/2016

(L-MW), 8196-8199/2016 (L-RES), 10069/2016, 11109-

11110/2016, 12837-12855/2016, 13207-13213/2016,

13887/2016, 14259-14260/2016 15120-15126/2016,

15974-16013/2016, 20312-20313/2016,

20931-20932/2016 AND 25215/2016 (L-MW)

In W.P.Nos.56099-56184/2015

BETWEEN: 1. AKSHARA MOTORS PVT. LTD.,

SY.NO.13 11 K M

KANAKAPURA ROAD BANGALORE – 560 062

REPRESENTED BY ITS MANAGING DIRECTOR M.P. SHYAM AGED ABOUT 52 YEARS

BENGALURU CITY.

2

2. PRERANA MOTORS (P) LTD., PRIDE HULKUL, 1ST FLOOR

116, LALBAGH ROAD BANGALORE – 560 027

REPRESENTED BY ITS MANAGING DIRECTOR A.R.GOPAL AGED ABOUT 49 YEARS

BENGALURU CITY.

3. PRERANA MOTORS REGIO PRIDE HULKUL, 1ST FLOOR NO.116, LALBAGH ROAD

BANGALORE – 560 027 REPRESENTED BY ITS MANAGING DIRECTOR

A.R.GOPAL AGED ABOUT 49 YEARS BENGALURU CITY.

4. ABHARAN MOTORS PVT. LTD.,

NO.5-89E3, NH - 66 NITTUR

UDUPI – 576 102 REPRESENTED BY ITS DIRECTOR MAHESH M. KAMATH

AGED ABOUT 51 YEARS UDUPI.

5. ADISHAKTI CARS PVT. LTD.,

NO.21, SHANKARMUTT ROAD

SHESHADRIPURAM SHIMOGA - 577201

REPRESENTED BY ITS MANAGING DIRECTOR VENKATESH N. TATASKAR AGED ABOUT 58 YEARS

SHIVAMOGGA.

6. ADVAITH MOTORS PVT. LTD., NO.32, RESIDENCY ROAD BANGALORE - 560025

REPRESENTED BY ITS DIRECTOR SVSS GUPTA AGED ABOUT 47 YEARS

BENGALURU CITY.

3

7. ADVAITH AUTOMATION PVT. LTD., NO.40/1, SOUTH END ROAD

BASAVANAGUDI BANGALORE - 560004

REPRESENTED BY ITS MANAGING DIRECTOR M.P. SHYAM AGED ABOUT 52 YEARS

BENGALURU CITY.

8. ANANTH CARS AUTO PVT. LTD., NO.401, KUMBARA STREET MAIN ROAD OLD MADRAS ROAD

K.R.PURAM BANGALORE – 560 036

REPRESENTED BY ITS MANAGING DIRECTOR A.KRISHNA RAJU AGED ABOUT 41 YEARS

BENGALURU CITY.

9. APPLE AUTO PVT. LTD., 102/1, SHANTHA KUMAR LAYOUT

OUTER RING ROAD B.NARAYANAPURA, WHITEFIELD BANGALORE - 560016

REP. BY ITS MANAGING DIRECTOR C.CHANDRASHEKAR

AGED ABOUT 47 YEARS BENGALURU CITY.

10. ARVIND MOTORS PVT. LTD., NO.19, SHIVASHANKAR PLAZA

LALBAGH ROAD RICHMOND CIRCLE BANGALORE – 560027

REPRESENTED BY ITS MANAGING DIRECTOR A.KRISHNA RAJU


11. ARYAN AUTO AGENCIES PVT. LTD., NO.23, THIMMAIAH ARCADE

HAL AIRPORT ROAD, DOMLUR BANGALORE - 560071

4

REPRESENTED BY ITS MANAGING DIRECTOR A. ASHWIN


12. AUTOMOBILE SERVICE CENTRE

NO.11, SADARAMANGALA INDL. AREA

NEAR ITPL, WHITEFIELD ROAD BANGALORE - 560048

REPRESENTED BY ITS PARTNER V.VIJENDRA AGED ABOUT 55 YEARS

BENGALURU CITY.

13. BANGALORE MOTORS PVT. LTD., VST VISTAS, NO.1 PALACE CROSS ROAD

BANGALORE - 560020 REPRESENTED BY ITS DIRECTOR

P.V. SUJAY AGED ABOUT 53 YEARS

BENGALURU CITY.

14. BHARATH AUTO CARS PVT. LTD.,

NH 66, KUNTICAN JUNCTION MANGALORE - 575004

REPRESENTED BY ITS MANAGING DIRECTOR SACHIN M. PAI AGED ABOUT 60 YEARS

MANGALURU,

15. BHARATH VEHICLE WORKS NO.3-9/2, AIRPORT ROAD YEYYADI

MANGALORE - 575008 REPRESENTED BY ITS CEO

SANDESH SHENOY AGED ABOUT 54 YEARS MANGALURU.

16. BIMAL MOTORS

SITE NO.90, PLOT NO.241/242/278/90 NO.7, BYATARAYANAPURA

5

BELLARY ROAD, NH-7 BANGALORE - 560072

REPRESENTED BY ITS DIRECTOR SUNIL KUMAR


17. BIMAL AUTO AGENCY INDIA PVT. LTD., NO.60/2, CHAND TOWER

WHITE FIELD ROAD MAHADEVAPURA POST BANGALORE - 560048

REPRESENTED BY ITS DIRECTOR NAVEEN KUMAR


18. CAUVERY MOTORS PVT. LTD., SY.NO.13, 11 KM

KANAKAPURA ROAD BANGALORE - 560062

REPRESENTED BY ITS DIRECTOR SHYAM M P. AGED ABOUT 52 YEARS

BENGALURU CITY.

19. CHAMUNDI MOTORS NO.225/2, NEAR 10TH BTS BUS DEPOT 2ND MAIN ROAD

BRINDAVANA NAGAR, HBR LAYOUT BANGALORE - 560043

REPRESENTED BY ITS MANAGING DIRECTOR HEMANTH KUMAR N., AGED ABOUT 47 YEARS

BENGALURU CITY.

20. CITY HONDA NO.63, St. MARKS ROAD BANGALORE - 560001

REPRESENTED BY ITS PARTNER V.V.SUJAY


6

21. DURGA MOTORS COMPANY NH 66, KULUR JUNCTION

NEW MANGALORE - 575013 REPRESENTED BY ITS MANAGING DIRECTOR

KUMAR, AGED ABOUT 46 YEARS MANGALURU.

22. DYUTHI MOTORS PVT. LTD., NO.201/1 & 2,HUNSUR ROAD,

HINKAL, MYSORE-570 017 REPRESENTED BY ITS MANAGING DIRECTOR

VISHWASU, AGED ABOUT 43 YEARS MYSURU.

23. EXCEISIOR AUTOMOBILES PVT LTD.,

SYRVEY NO.38/2, PADUKODI VILLAGE,

KULOOR-KAVOOR ROAD, MANGALORE-575 010

REPRESENTED BY ITS DIRECTOR VINOD PATEL

AGED ABOUT 48 YEARS MANGALURU.

24. GARUDA AUTOCRAFTS PVT. LTD., NO.29, LALBAGH ROAD,

BANGALORE-560 027 REPRESENTED BY ITS MANAGING DIRECTOR A.C.KRISHNA RAJU


25. I.G. WORKSHOP

NO.63, ST. MARKS ROAD,

BANGALORE-560001 REPRESENTED BY ITS PARTNER

V.V.VIJENDAR AGED ABOUT 46 YEARS BENGALURU CITY.

26. KALYANI MOTORS PVT LTD.,

24/1, 25/1, NAYANDANAHALLI SIGNAL, 100 FEET RING ROAD,

7

MYSORE ROAD JUNCTION, BANGALORE-560 039

REPRESENTED BY ITS MANAGING DIRECTOR A. MOHAN RAJU


27. KARNATAKA AGENCIES NH 66, KOTTARA CHOWKI,

MANGALORE-575 006 REPRESENTED BY ITS MANAGING PARTNER R.C. ROADIGAS


28. MAHANTH MOTORS

OPP.GMIT COLLEGE, HARIHAR ROAD,

DAVANAGERE-577 006 REPRESENTED BY ITS MANAGING DIRECTOR

T.H. PRASHANTH AGED ABOUT 57 YEARS

DAVANGERE. 29. MANGALORE FORCE

OPP.CANARA BANK, KOTTARA CHOWKI MANGALORE-575 006

REPRESENTED BY ITS MANAGING DIRECTOR MUKESH MALPE AGED ABOUT 57 YEARS

MANGALURU.

30. MARUTHI MOTORS 202, 2ND FLOOR, EMBASSY CLASSIC, VITTAL MALLYA ROAD,

BANGALORE-560001 P.H. PRASHANTH


31. MEGHAVATH COMPANY (P) LTD., 36/1, MUNIVENKATAPPA COMPLEX,

BELLARY MAIN ROAD, GANGANAGAR, BANGALORE-560 032,

8

REPRESETNED BY ITS MANAGING DIRECTOR SAPTHAGIRI M.S.


32. METRO FORD

VST AUTO ANCILLARIES PVT LTD.,

VST VISTAS NO.1, PALACE CROSS ROAD, BANGALORE-560 020

REPRESENTED BY ITS DIRECTOR V.V.PRAVINDA AGED ABOUT 48 YEARS

BENGALURU CITY.

33. MANDOVI MOTORS PVT LTD., NO.40/4, LAVELLE ROAD, BANGALORE-560 001,

REPRESENTED BY ITS MANAGING DIRECTOR A. ASHOKA RAO


34. NARAYAN CARS PVT LTD.,

IBRAHIMPUR RING ROAD, NH-50,

BIJAPUR-586 109, REPRESENTED BY ITS MANAGING DIRECTOR

GOPAL P. JOSHI AGED ABOUT 51 YEARS VIJAYAPURA.

35. PATEL CARS PVT LTD.,

NH 65, MANGALORE GOA BYPASS ROAD, DEREBAIL KOTTARA, MANGALORE-575 006,

REPRESENTED BY ITS DIRECTOR VIOND PATEL


36. PAI SALES PVT LTD., MANGALADEVI TEMPLE ROAD,

PANDESHWAR, MANGALORE-575 001

9

REPRESETNED BY MANAGING DIRECTOR T. GANAPATHI PAI


37. PRATHAM MOTORS PVT LTD.,

16, MARATHHALLI OUTER RING ROAD,

BELLANDUR, BANGALORE-560 103

REPRESENTED BY ITS CEO SMAR VIKRAM BASIN AGED ABOUT 53 YEARS

BENGALURU CITY.

38. RAHUL CARS INDIA PVT. LTD., SHESHADRIPURAM SHANKAR MUTT ROAD

SHIMOGGA-577 201 REPRESENTED BY ITS MANAGING DIRECTOR

M. RAVI KUMAR AGED ABOUT 57 YEARS

SHIVAMOGGA.

39. RNS MOTORS LTD

2275, TUMKUR ROAD YESHWANTHPUR

BANGALORE-560 022 REPRESENTED BY ITS GENERAL MANAGER SUNIL R. SHETTY

AGED ABOUT 57 YEARS BENGALURU CITY..

40. RNS EARTH MOVERS PVT. LTD

2275, TUMKUR ROAD

YESHWANTHPUR BANGALORE-560 022

REPRESENTED BY ITS GENERAL MANAGER SAGAR VITTAL RAO AGED ABOUT 51 YEARS

BENGALURU CITY.

41. RUTVI MOTORS 2658/1-2, DENTAL COLLEGE ROAD

10

M C C B BLOCK DAVANGERE-577 004

REPRESENTED BY ITS MANAGING DIRECTOR SAGAR VITTAL RAO

AGED ABOUT 51 YEARS DAVANGERE.

42. SAPHIRE MOTORS PVT. LTD., NO.108, 13TH K M

MYSOR ROAD, NEAR R.V. ENGG. COLLEGE BANGALORE-560 059 REPRESENTED BY ITS MANAGING DIRECTOR

KALIF HUSSAIN AGED ABOUT 33 YEARS

BENGALURU CITY. 43. SILICON MOTORS

50 R V ROAD BASAVANAGUDI

BANGALORE-560 004 REPRESENTED BY ITS PARTNER

SAHILESH M. BALILGA AGED ABOUT 43 YEARS BENGALURU CITY.

44. SIREESH AUTO PVT. LTD

97/B, I FLOOR, 8TH BLOCK KORAMANGLA BANGALORE-560 095

REPRESENTED BY ITS DIRECTOR NAGESH D.,


45. SKMS MOTORS PVT. LTD. NO.371/271, P B ROAD

AVARAGERE DAVANGERE-577 003 REPRESENTED BY ITS MANAGING DIRECTOR

NAGARAJ, AGED ABOUT 47 YEARS DAVANGERE.

11

46. SPRINT YAMAHA NO.55/8, HOSUR MAIN ROAD,

KUDLU GATE, HONGASANDRA, BANGALORE-560068

REPRESENTED BY ITS MANAGING DIRECTOR A.R.GOPAL, AGED ABOUT 49 YEARS BENGALURU CITY.

47. SURAKSHAA CAR CARE PVT. LTD.,

30/3, OPP. INFOSYS, HOSUR MAIN ROAD, ELECTRONIC CITY POST, BANGALORE-560 100

REPRESENTED BY ITS DIRECTOR RAMESH PRASAD PAI


48. TRIDENT AUTOMOBILES PVT. LTD., NO.1, LOWER PALACE ORCHARDS,

SANKEY ROAD, BANGALORE-560 003

SAMIR CHOWDARY AGED ABOUT 31 YEARS BENGALURU CITY.

49. TRIDENT AUTO PRIVATE LIMITED

SY.NO.18/1B, MYSORE ROAD, NEXT TO RAJARAJESHWARINAGAR ARCH, NAYANDAHALLI, KENGERI HOBLI,

BANGALORE-560 039 REPRESENTED BY ITS DIRECTOR

BALACHANDRAN AGED ABOUT 53 YEARS BENGALURU CITY.

50. TRIDENT AUTO ENTERPRISED PVT. LTD.,

NO.210/2, UPPER PALACE ORCHARDS, BELLARY ROAD, SADASHIVANAGAR,

BANGALORE-560 080 REPRESENTED BY ITS DIRECTOR

BALACHANDRAN

12


51. TRIBHUVAN MOTORS

KULLUR FERRY ROAD, NEAR ASHOKNAGARA POST OFFICE KOTTARA

MANGALORE-575006 REP. BY ITS DIRECTOR

M.LALITH, AGED ABOUT 39 YEARS MANGALURU.

52. UNITED CAR PVT. LTD., NH 75, NEAR PADIL JUNCTION,

PADIL, MANGALORE - 575 007 REPRESENTED BY ITS DIRECTOR A.R.G. RAO


53. URS KAR SERVICE CENTRE (P) LTD.,

CH-11, NEW KANTHARAJ URS ROAD, KRISHNAMURTHYPURAM, MYSORE-570 004

REPRESENTED BY ITS MANAGING DIRECTOR KANTHARAJ URS

AGED ABOUT 53 YEARS MYSURU.

54. VALUE MOTOR AGENCY PVT. LTD., 16/A, MILLERS ROAD,

VASANTHNAGAR, BANGLAORE-560 052. REPRESENTED BY ITS MANAGING DIRECTOR

SYED KABIT AHMED AGED ABOUT 59 YEARS

BENGALURU CITY. 55. VECTO MOTORS

58/1A, SINGASANDRA, HOSUR MAIN ROAD,

BANALORE-560 068 REPRESENTED BY ITS MANAGING DIRECTOR

13

A.R.GOPAL AGED ABOUT 43 YEARS

BENGALURU CITY.

56. VIBRANT MOTORS C/O MANJUNATH TYRES, NEAR KMF MILK DIARY,

KULSHEKAR CHOWKI, KULSHEKAR,

MANGALORE-575 005 REPRESENTED BY ITS PARTNER M.LALITH, AGED ABOUT 39 YEARS

MANGALURU.

57. VIDHATRI MOTORS (P) LTD., SY.NO.200/1, HINKAL MAIN ROAD, HINKAL, MYSORE-570 017

REPRESENTED BY ITS MANAGING DIRECTOR SHARATH CHANDRA RAJU

AGED ABOUT 43 YEARS MYSURU.

58. VIJAYA MOTOR SALES & SERVICE,

‘VIJAYA COMPLEX’,BYPASS ROAD,

URGADUR, SHIMOGA-577 203,

REPRESENTED BY ITS MANAGING DIRECTOR VADUDEV SHENOY AGED ABOUT 53 YEARS

SHIVAMOGGA.

59. VST AUTO AGENCY NO.459, DHANALAKSHMI BUILDING, COTTON PET,

BANGALORE-560 053 VISHNU, AGED ABOUT 52 YEARS

BENGALURU CITY. 60. VINAYAKA CAR PVT. LTD.,

REVACK BUILDING #50/2, OLD MARAS ROAD,

T.C. PALYA CROSS, GARDEN CITY COLLEGE ROAD,

14

BANGALORE-560 049 REPRESENTED BY ITS MANAGING DIRECTOR

SURESH KUMAR AGED ABOUT 55 YEARS

BENGALURU CITY. 61. AUTO MAC SERVICES

OPP: UNKAL LAKE, TAJ NAGAR MAIN ROAD,

UNKAL, HUBLI-580 025. REPRESENTED BY ITS PARTNER SHITAL V. FETODUES

AGED ABOUT 54 YEARS DHARWAD.

62. AUTO RE-CONDITIONERS

P.P. JAVALI BUILDING,

NEW COTTON MARKET, HUBLI - 580 029

REPRESENTED BY ITS PARTNER VINAY J. JAHAVI


63. BELLAD ENGINEERS PVT. LTD., “BELLAD CHAMBER III” UNKAL CROSS,

HUBLI - 580 031. REPRESENTED BY ITS DIRECTOR MAHESH BELLAGI


64. BHARATH MOTORS

MAHADEV PLAZA

KOLHAPUR CIRCLE, NEHARU NAGAR,

BELGAUM - 590 010 REPRESENTED BY ITS PARTNER R.M. PATIL

AGED ABOUT 51 YEARS.

65. CHADHA AUTO AGENCIES OPP. SAWAI GANDHARVA HALL,

15

DESHPANDE NAGAR, HUBLI - 580 029

REPRESENTED BY ITS PARTNER S.S.CHANDRA


66. CHALUKYA MOTORS PVT. LTD.,

KUSTAGI BUILDING, OPP. GODAG CO-OP. INDUSTRIAL ESTATE,

HUBLI, GADAG - 585 103 REPRESENTED BY ITS MANAGING DIRECTOR

RUDRAMMA GULAGHI AGED ABOUT 52 YEARS.

67. GCD MOTORS PVT. LTD.,

NO.17, DEVRAYA CAMP

BELGAVI - 590 001 REPRESENTED BY ITS DIRECTOR

ROHIT R. DHESHPANDE AGED ABOUT 51 YEARS.

68. JAGAJAMPI AUTO PVT. LTD.,

SR.NO.4830/2, OPP. OLD HOSPITAL

AMBEDKAR ROAD, BELGAUM - 590 001

REPRESENTED BY ITS EXECUTIVE DIRECTOR B.S.BADAGAL AGED ABOUT 51 YEARS

BELAGAVI.

69. JAVALI AUTOMOBILE PVT. LTD., OPP. UNKAL LAKE, P.B.ROAD, HUBLI,

REPRESENTED BY ITS DIRECTOR SUHAS J. JAVALI


70. KATWA MOTORS NO.325, PB ROAD,

BELGAUM - 590003 REP. BY ITS MANAGING PARTNER

16

PRAVEEN GOPAL KATWA AGED ABOUT 43 YEARS

BELAGAVI.

71. MAHANTH AUTOMOTIVES PVT. LTD., PLOT NO.9, 10, 11 BHAIRIDEVAKOPPA,

NEAR APMC, P.B.ROAD, HUBLI – 580 025

REP. BY ITS MANAGING DIRECTOR MAHANTH, AGED ABOUT 41 YEARS DHARWAD.

72. MANGESH MOTORS

NO.17, DEVRAJYA CAMP, BELAGAVI - 590001 REP. BY ITS PARTNER

ROHIT R. DESHPANDE AGED ABOUT 51 YEARS

BELAGAVI.

73. MANICKBAG AUTOMOBILES PVT. LTD., NO.360, DHARWAD ROAD, BELGAUM – 590 016

REP BY ITS DIRECTOR SANJOT SHAH, AGED ABOUT 41 YEARS

BELAGAVI. 74. MANICBAG SERVICES

NO.362, DHARWAD ROAD, BELGAUM – 590 016

REP BY ITS PARTNER BHUSHAN MIRJI AGED ABOUT 43 YEARS

DHARWAD.

75. NAGSHANTI ENTERPRISES OPP: HANS HOTEL, VIDYANAGAR, P.B. ROAD,

HUBLI – 580 031 REP BY ITS PARTNER

PRAVEEN GUDI

17


76. NAGSHANTI MOTORS PVT LTD

DR. B.R.AMBEDKAR ROAD, OPP. DISTRICT CIVIL HOSPITAL, BELGAUM -590002

REP BY ITS DIRECTOR PRAVEEN GUDI

AGED ABOUT 37 YEARS BELAGAVI.

77. NAGASHANTI AUTO CARS LLP OPP. P.C. JAIN COLLEGE,

VIDYANAGAR, HUBLI - 580031 REP BY ITS PARTNER PRAVEEN GUDI


78. NAGASHANTHI CARS PVT. LTD.,

PLOT NO.16, KHANAPUR ROAD, UDYAMBAG, BELGAUM-590 008

REPRESENTED BY ITS DIRECTOR PRAVEEN GUDI


79. PATSON AGENCIES NO.3951/2, P B ROAD,

BELGAUM-590003 REPRESENTED BY ITS PARTNER HARSHA P. PATIL


80. PATSON MOTORS PVT LTD.,

NO.3951/2, P B ROAD,

BELGAUM-590003 REPRESENTED BY ITS DIRECTOR

HARSHA P.PATIL

18


81. PRITI CARS PVT LTD.,

PLOT NO.498/3-17-18, BHAIRIDEVARKAPPA, HUBLI-580 031

REPRESENTED BY ITS DIRECTOR SACHIN, AGED ABOUT 39 YEARS

DHARWAD. 82. S.C.MOTORS

NEW GANDHINAGAR, P B ROAD, BELGAUM – 560 016

REPRESENTED BY ITS PROPRIETOR VICTOR PINTO AGED ABOUT 35 YEARS

BELAGAVI.

83. SHANTHESHA MOTORS PVT. LTD., VAIBHAV NAGAR

BESIDE VITHALIE TEMPLE, INDAL ROAD, BELGAUM-590010 REPRESETNED BY ITS GENERAL MANAGER

PRASAD JOSHI AGED ABOUT 54 YEARS

BELAGAVI.

84. SHANTHESHA AUTO PVT LTD.,

SHIVA AVENUE, GOKUL ROAD, HUBLI-580030

REPRESENETED BY ITS GENERAL MANAGER PRASAD JOSHI, AGED ABOUT 54 YEARS

DHARWAD.

85. SHODHA MOTORS PVT LTD., HUBLI DHARWAD ROAD, RAYAPUR, HUBLI-580002

REPRESENTED BY ITS DIRECTOR PRASAD JOSHI


19

86. SUTARIA AUTO CENTRE P B ROAD, OPP. UNKAL LAKE,

UNKAL, HUBLI-580031 REPRESENTED BY ITS PARTNER

SACHIN AGED ABOUT 39 YEARS

DHARWAD.

... PETITIONERS

(BY SRI S.N.MURTHY, SENIOR ADV. FOR

M/s. S.N. MURTHY ASSOCIATES, ADVS. FOR P1; SRI S.N. MURTHY, SENIOR ADV. FOR SRI SOMASHEKAR, ADV. FOR P2 & P86;

SRI S.S. NAGANAND, SENIOR ADV. FOR SRI C.K. SUBRAMANYA, ADV. FOR P3 to P85)

AND: 1. THE SECRETARY

LABOUR DEPARTMENT

GOVERNMENT OF KARNATAKA VIKASA SOUDHA

BANGALORE – 560 001. 2. THE LABOUR COMMISSIONER

GOVERNMENT OF KARNATAKA KARMIKA BHAVANA

BANNERGHATTA ROAD BANGALORE – 560029.

3. PRESIDENT ALL INDIA TRADE UNION CONGRESS (AITUC)

NO.27, 6TH CROSS, 4TH MAIN, MALLESHWARAM BANGALORE – 560 003.

4. BHARATIYA MAZDOOR SANGHA

NO.458, OTC ROAD, COTTONPET, BANGALORE – 560 053 REPRESENTED BY ITS PRESIDENT.

20

5. CITU NO.40/5, 2ND ‘B’ MAIN ROAD,

16TH CROSS, SAMPANGIRAMA NAGARA, BANGALORE – 560 027

REPRESENTED BY GENERAL SECRETARY. 6. GARMENTS & TEXTILE WORKERS’ UNION

NO.17/1, 1ST FLOOR, HOSAGUDDADAHALLI BUS STOP

MYSORE ROAD BANGALORE – 560 026.

7. KARNATAKA STATE HOTEL WORKERS WELFARE ASSOCIATION,

NO.118, 4TH CROSS 16TH MAIN ROAD, J.C. NAGAR BANGALORE – 560 086.

8. KARNATAKA ESTATE LABOUR UNION

JAYAPURA, KOPPA TALUK CHIKAMAGALUR DISTRICT.

9. ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU)

NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD,

HOODI, M.D. PURA, BANGALORE – 560 048 REP. BY ITS PRESIDENT

SHRI S. BALAKRISHNAN.

R9 AMENDED AS PER ORDER DATED 19.08.2016.

... RESPONDENTS

(BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SRI K.SUBBA RAO, SENIOR ADV. FOR

M/s. SUBBA RAO & CO. ADVS. FOR R5; SRI V.R. DATAR, ADV. FOR R3; SMT. H.MANGALAMBA RAO, ADV. FOR R4;

SRI CLIFTON D ROZARIO, ADV. FOR R6;

21

R7 & R8 SERVED BUT UNREPRESENTED; SRI S. BALAKRISHNAN, PARTY-IN-PERSON FOR R9)

W.P.Nos.56099-56184/2015 ARE FILED UNDER ARTICLE

226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS LEADING TO THE ISSUANCE OF NOTIFICATION DATED 30.07.2015 ISSUED BY THE 1ST RESPONDENT IN SO FAR

AS THE EMPLOYEMENT IN AUTOMOBILE ENGINEERING INDUSTRY [INCLUDING SERVICING AND REPAIRING WORKS]

IS CONCERNED (ANNEXURE-G) AND QUASH THE NOTIFICATION DATED 30.07.2015 ISSUED BY THE 1ST RESPONDENT IN SO FAR AS THE EMPLOYMENT IN AUTOMOBILE ENGINEERING

INDUSTRY (INCLUDING SERVICING AND REPAIRING WORKS) IS CONCERNED (ANNEXURE-G), DECLARING THE SAME AS

UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE 14 OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES MADE

THEREUNDER.

In W.P.No.7387/2016

BETWEEN: MATRIX AUTO VENTURES A REGISTERED PARTNERSHIP FIRM

HAVING ITS REGISTERED OFFICE NO.8-181(E), MATRIC DIYA,

UDUPI MANIPAL ROAD SHIVALLI VILLAGE, KUNJIBETTU, UDUPI-576102

REPRESENTED BY ITS PARTNERS

i) SHRI D.RAJENDRA KUMAR AGE: MAJOR.

ii) Dr. NEETHA R. KUMAR

AGE: MAJOR.

... PETITIONER (BY SRI SACHIN B.S., ADV.)

22

AND: 1. STATE OF KARNATAKA

REP. BY ITS PRINCIPAL SECRETARY

DEPARTMENT OF LABOUR, VIDHANA SOUDHA,

BANGALORE – 560 001. 2. ALL INDIA CENTRAL COUNCIL OF

TRADE UNIONS (AICCTU) NO.18, RIYAZ BUILDING,

BASAVANAGAR MAIN ROAD, HOODI, M.D. PURA, BANGALORE – 560 048

REP. BY ITS PRESIDENT SHRI S. BALAKRISHNAN.

... RESPONDENTS

(BY SRI D.ASWATHAPPA, AGA FOR R1; SRI S. BALAKRISHNAN, PARTY–IN-PERSON FOR R2)

W.P.NO.7387/2016 IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED 30.07.2015 ISSUED BY 1ST RESPONDENT AT ANNEXURE-A.

In W.P.No.7391/2016

BETWEEN: AUTO MATRIX A REGISTERED PARTNERSHIP FIRM,

HAVING ITS REGISTERED OFFICE NO.4-1-1/1 & 3, MANJUSHA, BEJAI,

MANGALORE – 575 004 D.K. DISTRICT

REPRESENTED BY PARTNERS

i) SHRI D. RAJENDRA KUMAR

AGE 52 YEARS.

23

ii) D.HARSHENDRA KUMAR AGE 49 YEARS.

iii) Dr. NEETHA R. KUMAR

AGE 50 YEARS.

... PETITIONER (BY SRI SACHIN B.S., ADV.)


REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LABOUR,

VIDHANA SOUDHA, BANGALORE – 560 001.


NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD, HOODI, M.D. PURA,

BANGALORE – 560 048 REP. BY ITS PRESIDENT


... RESPONDENTS (BY SRI D.ASWATHAPPA, AGA FOR R1; SRI S. BALAKRISHNAN, PARTY–IN-PERSON FOR R2)

W.P.NO.7391/2016 IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED 30.07.2015 ISSUED BY 1ST RESPONDENT AS PER ANNEXURE-A.

In W.P.Nos.7453-7458/2016

BETWEEN: 1. KARNATAKA SMALL SCALE INDUSTRIES

ASSOCIATION (KASSIA) NO.2/106, 17TH CROSS, MAGADI CHORD ROAD, VIJAYANAGAR,

24

BANGALORE – 560 040 REP. BY ITS HONORARY GENERAL SECRETARY

SRI K.B. ARASAPPA.

2. THE MANGALORE TRADING ASSOCIATION PVT. LTD., PROPRIETOR OF SHARADA PRESS CAR STREET,

MANGALORE-575001 REP. BY ITS DIRECTOR

SRI V. GANESH KAMATH.

3. M/s. PREMA SAI PRINTERS AND PUBLISHERS

SHED NO.C-26, INDUSTRIAL ESTATE, YEYYADI MANGALORE-575008

REP. BY ITS DIRECTOR SRI R.SUMANTH PAI.

4. M/s. SHRATHI PRINTERS AND PUBLISHERS INDUSTRIAL AREA

BAIKAMPADY MANGALORE-575010

REP. BY ITS MANAGING DIRECTOR SRI P.MOHANDAS BHANDARY

5. M/s. GANESH PRINTERS LOWER CAR STREET

KAMBADPALLI ROAD, BUNDER MANGALORE-575001 REPRESENTED BY ITS PARTNER

SRI SUSHIL PAI.

6. M/s. CODEWORD PROCESS AND PRINTERS SHED NO.C-18, INDUSTRIAL ESTATE, YEYYADI, MANGALORE-575008

REPRESENTED BY ITS PARTNER SRI RAJESH DANGE.

...PETITIONERS

(BY SRI S.N. MURTHY, SENIOR ADV. FOR SRI SOMASHEKAR, ADV.)

25

AND:

1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY,

DEPARTMENT OF LABOUR, VIKAS SOUDHA,

BANGALORE-560001.

2. THE COMMISSIONER OF LABOUR IN KARNATAKA

BANNERGHATTA ROAD, BANGALORE-560029.

3. THE PRESIDENT

ALL INDIA TRADE UNION CONGRESS

6, SIRUR PARK ROAD, SESHADRIPURAM, BANGALORE-560020.

4. THE PRESIDENT

CENTRE OF INDIAN TRADE UNIONS (CITU)

JYOTHI BASU BHAVANA WEST ANJANEYA TEMPLE STREET

BASAVANAGUDI BANGALORE-560004.

5. THE PRESIDENT BHARITIYA MAZDOOR SANGH

NO.458, OTC ROAD, COTTONPET BANGALORE-560053.

6. VIKRAM PRINT ‘N’ PACK PLOT NO.160B, INDUSTRIAL AREA

BAIKAMPADY NEW MANGALORE – 11

REPRESENTED BY ITS PROPRIETOR SRI VIKRAM S. KAMATH S/O. LATE V. SRINIVAS KUMATH.

7. THE MANGALORE PRESS

(A REGISTERED PARTNERSHIP FIRM) NO.12-4-337, CAR STREET MANGALORE – 575 001

REPRESENTED BY ITS PARTNER

26

SRI M. VISHNUMOORTHY PRABHU S/O. LATE M. BABU RAYA PRABHU.

8. UDAYA

PRINTERY AND PUBLICATIONS (P) LTD., KODIABAIL MANGALORE – 03

REPRESENTED BY ITS MANAGING DIRECTOR SRI S. VIJAYA RAO

S/O. S. NARAYANA RAO. 9. PRAKASH OFFSET PRINTERS

(A REGISTERED PARTNERSHIP FIRM) PLOT NO.164, BAIKAMPADY INDUSTRIAL AREA

MANGALORE – 11 REPRESENTED BY ITS MANAGING DIRECTOR SRI P. RAGHUVEER NAYAK

S/O. LATE MOHAN DAS NAYAK.

10. THE CANARA PRINTING & PUBLISHING HOUSE PRIVATE LTD.,

PLOT NO.161/A, INDUSTRIAL AREA, BAIKAMPADY, NEW MANGALORE – 575011

REPRESENTED BY ITS MANAGING DIRECTOR SRI VIKRAM S. KAMATH

S/O. LATE V. SRINIVAS KAMATH. 11. ALL INDIA CENTRAL COUNCIL OF




... RESPONDENTS (BY SRI D. ASWATHAPPA, AGA FOR R1 & R2;

SRI K.B.NARAYANA SWAMY, ADV. FOR R3 SRI K.M. PRAKASH, ADV. FOR R6 to R10; SRI S. BALAKRISHNAN, PARTY-IN-PERSON FOR R11;

R4 & R5 ARE SERVED BUT UNREPRESENTED)

27

W.P.Nos.7453-7458/2016 ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE

IMPUGNED NOTIFICATION DATED 03.08.2015 AS AT ANNEXURE-B.

In W.P.Nos.7459-7465/2016

BETWEEN: 1. KARNATAKA OFFSET PRINTERS ASSOCIATION

90/51, 2ND FLOOR

TOPTEC BUILDING, 2ND MAIN RAJAJINAGAR INDUSTRIAL TOWN BANGALORE-560 044

REPRESENTED BY ITS GENERAL SECRETARY SRI SHIVRAJ J. SHETTY.

2. FEDERATION OF KARNATAKA CHAMBERS

OF COMMERCE AND INDUSTRY

P.B.NO.9996, K.G. ROAD BANGALORE-560 009

REPRESENTED BY ITS SECRETARY SRI M.LOKARAJ

3. M/s. CARTO PRINTS (P) LTD., NO.58, G.B. PALYA

KUDLU GATE, HOSUR ROAD (BEHIND KEB OFFICE) BANGALORE-560 068

REPRESENTED BY ITS MANAGING DIRECTOR SRI KAILASH PODDAR.

4. LOTUS PRINTERS (P) LTD.,

# 32/25, 2ND MAIN

SIR M.V. INDUSTRIAL TOWN RAJAJINAGAR

BANGALORE-560 044 REPRESENTED BY ITS DIRECTOR SRI MANJUNATH D. PATIL

28

5. M/s. MYSORE PLASTICS AND CERAMICS (P) LTD., PRINTING DIVISION

NO.A-110, INDUSTRIAL ESTATE RAJAJINAGAR

BANGALORE-560 044 REPRESENTED BY ITS DIRECTOR SRI SURENDRANATH B.K.

6. M/s. SHRADDHA SABURI PRINTERS PVT. LTD.,

NO.224, PEENYA INDUSTRIAL AREA BANGALORE-560 058 REPRESENTED BY ITS DIRECTOR

SRI R.BHASKARAN.

7. M/s. ESSCEE ENTERPRISES NO.26, 4TH MAIN, 6TH CORSS INDUSTRIAL TOWN, RAJAJINAGAR

BANGALORE-560 044 REPRESENTED BY ITS MANAGING PARTNER

SRI CHANDRASHEKAR.

... PETITIONERS

(BY SRI S.N. MURTHY, SENIOR ADV. FOR SRI SOMASHEKAR, ADV.)

AND:

1. THE GOVERNMENT OF KARNATAKA

REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LABOUR VIKAS SOUDHA

BANGALORE-560 001.

2. THE COMMISSIONER OF LABOUR IN KARNATAKA BANNERGHATTA ROAD BANGALORE-560 029.

3. THE PRESIDENT

ALL INDIA TRADE UNION CONGRESS 6, SIRUR PARK ROAD SESHADRIPURAM

BANGALORE-560 020.

29

4. THE PRESIDENT CENTRE OF INDIAN TRADE UNIONS (CITU)


BASAVANAGUDI BANGALORE-56O 004.

5. THE PRESIDENT BHARATIYA MAZDOOR SANGHA

NO.458, OTC ROAD COTTONPET BANGALORE-560 053.

6. ALL INDIA CENTRAL COUNCIL OF

TRADE UNIONS (AICCTU) NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD,

HOODI, M.D. PURA, BANGALORE – 560 048



SRI K. SUBBA RAO, SENIOR ADV. FOR SRI K.N. SATEESHA, ADV. FOR R4;

SRI S. BALAKRISHNAN, PARTY-IN-PERSON FOR R6; NOTICE TO R3 AND R5 IS SERVED)

W.P.Nos.7459-7465/2016 ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE

IMPUGNED NOTIFICATION DATED 03.08.2015 AT ANNEXURE-B.

In W.P.No.7556/2016:

BETWEEN:

BOARD OF MANAGEMENT KLE SOCIETY, COLLEGE ROAD,

30

BELGAUM-590 001, REPRESENTED BY ITS SECRETARY.

... PETITIONER

(BY SRI S.S. NAGANAND, SENIOR ADV. FOR SRI B.C.PRABHAKAR, ADV.)

AND:

1. THE SECRETARY LABOUR DEPARTMENT,

GOVERNMENT OF KARNATAKA, VIKASA SOUDHA,

BENGALURU-560 001.

2. THE LABOUR COMMISSIONER

GOVERNMENT OF KARNATAKA, KARMIKA BHAVANA,

BANNERGHATTA ROAD, BENGALURU-560 029.

3. PRESIDENT ALL INDIA TRADE UNION CONGRESS (AITUC),

NO.27, 6TH CROSS, 4TH MAIN, MALLESHWARAM, BENGALURU-560 003.

4. BHARATIYA MAZADOR SANGHA

NO.458, OTC ROAD, COTTONPET, BENGALURU-560 053

REPRESENTED BY ITS SECRETARY.

5. CITU NO.40/5, 2ND B MAIN ROAD, 16TH CROSS, SAMPANGIRAM NAGAR,

BENGALURU-560 027, REPRESENTED BY GENERAL SECRETARY.

6. GARMENTS & TEXTILE WORKERS UNION

NO.17/1, 1ST FLOOR,

HOSAGUDDADAHALLI BUS STOP,

31

MYSORE ROAD, BENGALURU-560 026

REPRESENTED BY ITS PRESIDENT.

7. KARNATAKA STATE HOTEL WORKERS WELFARE ASSOCIATION, NO.118, 4TH CROSS, 16TH MAIN ROAD,

J.C. NAGAR, BENGALURU-560 086

REPRESENTED BY ITS GENERAL SECRETARY.


JAYAPURA, KOPPA TALUK, CHIKMAGALUR DISTRICT

REPRESENTED BY ITS PRESIDENT. 9. KARNATAKA STATE GOVERNMENT

HOSTELS & RESIDENTIAL SCHOOLS OUTSOURCED EMPLOYEES UNION

REPRESENTED BY ITS PRESIDENT NO.37/A, 8TH CROSS,

MAHALAKSHMI LAYOUT, BANGALORE – 560 086.

R9 AMENDED VIDE COURT ORDER DATED 10.06.2016.


SRI CLIFTON D’ ROZARIO, ADV. FOR R6; SRI K. SUBBA RAO, SENIOR ADV. FOR

SRI K.N. SATEESHA, ADV. FOR R5 & R9; NOTICE TO R3, R4, R7 & R8 SERVED)

W.P.No.7556/2016 IS FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS LEADING TO ISSUANCE OF NOTIFICATION DATED 03.08.2015

ISSUED BY 1ST RESPONDENT IN SO FAR AS THE EMPLOYMENT IN COLLEGE HOSTELS IS CONCERNED AT ANNEXURE-D; QUASH THE NOTIFICATION DATED 03.08.2015 ISSUED BY 1ST

RESPONDENT IN SO FAR AS THE EMPLOYMENT IN COLLEGE

32

HOSTELS IS CONCERNED AT ANNEXURE-D, DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE

14 OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES

MADE THEREUNDER.

In W.P.Nos.8196-8199/2016

BETWEEN:

1. MANIPAL TECHNOLOGIES LTD., UDAYAVANI BUILDING

PRESS CORNER MANIPAL-576 104 REPRESENTED BY ITS COMPANY SECRETARY

Mr. BINOD KUMAR MANDAL.

2. MCT CARDS & TECHNOLOGY PVT. LTD., UDAYAVANI BUILDING PRESS CORNER

MANIPAL-576 104 REPRESENTED BY ITS CHIEF FINANCIAL OFFICER

Mr. RAMNATH PAI.

3. MANIPAL UTILITY PACKAGING SOLUTIONS PVT. LTD.,

UDAYAVANI BUILDING PRESS CORNER

MANIPAL-576 104 REPRESENTED BY ITS CHIEF FINANCIAL OFFICER Mr. MANOJ MADIVALA.

4. MANIPAL PRAKASHAN LTD.,

UDAYAVANI BUILDING PRESS CORNER MANIPAL-576 104

REPRESENTED BY ITS OFFICER Mr. PRAKASH PRABHU G.

... PETITIONERS

(BY SRI VIVEK HOLLA, ADV.)

33


REPRESENTED BY THE SECRETARY

LABOUR DEPARTMENT M.S. BUILDING

BANGALORE-560 001.


GOVERNMENT OF KARNATAKA KARMIKA BHAVAN

BANNERGHATTA ROAD BANGALORE-560 029.


NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD, HOODI, M.D. PURA,


SHRI S. BALAKRISHNAN. R3 DELETED VIDE ORDER

DATED 28.06.2016.

... RESPONDENTS (BY SRI D.ASWATHAPPA, AGA FOR R1 & R2;

R3 DELETED VIDE ORDER DATED 28.06.2016)

W.P.Nos.8196-8199/2016 ARE FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED 03.08.2015 PASSED BY THE

1ST RESPONDENT VIDE ANNEXURE-B.

In W.P.No.10069/2016

BETWEEN: CHROME MOTORS

NO.320/4, MYSORE ROAD, OPP. BHEL

34

BENGALURU-560039 REPRESENTED BY ITS PARTNER.

... PETITIONER (BY SRI S.S. NAGANAND, SENIOR ADV. FOR

SRI B.C.PRABHAKAR, ADV.)

AND:

1. THE SECRETARY LABOUR DEPARTMENT GOVERNMENT OF KARNATAKA

VIKASA SOUDHA, BENGALURU-560001.


GOVERNMENT OF KARNATAKA

KARMIKA BHAVANA BANNERGHATTA ROAD

BENGALURU 560029.

3. PRESIDENT

ALL INDIA TRADE UNION CONGRESS (AITUC) NO.27, 6TH CROSS, 4TH MAIN,

MALLESHWARAM, BENGALURU-560003.





R4 IS IMPLEADED VIDE ORDER DATED 06.06.2016.


SRI V.R. DATAR, ADV. FOR R3; SRI S. BALAKRISHNAN, PARTY-IN-PERSON FOR R4)

35

W.P.No.10069/2016 IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR

RECORDS LEADING TO THE ISSUANCE OF NOTIFICATION DATED 30.07.2015 ISSUED BY THE 1ST RESPONDENT IN SO FAR

AS THE EMPLOYMENT IN AUTOMOBILE ENGINEERING INDUSTRY (INCLUDING SERVICING AND REPAIRING WORKS) IS CONCERNED (ANNEXURE-D); QUASH THE NOTIFICATION

DATED 30.07.2015 ISSUED BY THE 1ST RESPONDENT IN SO FAR AS THE EMPLOYMENT IN AUTOMOBILE ENGINEERING

INDUSTRY (INCLUDING SERVICING AND REPAIRING WORKS) IS CONCERNED (ANNEXURE-D), DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE 14 OF THE

CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT 1948 AND RULES MADE

THEREUNDER.

In W.P.Nos.11109-11110/2016

BETWEEN: 1. TATA MOTORS LTD.,

NH-4, BELUR INDUSTRIAL AREA MUMMIGATTI POST, P.B.ROAD

DHARWAD -580 001 REPRESENTED BY ITS HEAD – HUMAN RESOURCES.

2. TATA MARCOPOLO MOTORS LTD.,

BELUR INDUSTRIAL AREA, GARAG ROAD MUMMIGATTI POST, SH 73, DHARWAD-580011

REPRESENTED BY ITS LEGAL MANAGER.

... PETITIONERS (BY SRI S.S. NAGANAND, SENIOR ADV. FOR

SRI B.C. PRABHAKAR, ADV.)


LABOUR DEPARTMENT,

36


BENGALURU-560 001.

2. THE LABOUR COMMISSIONER GOVERNMENT OF KARNATAKA, KARMIKA BHAVANA,


3. PRESIDENT

ALL INDIA TRADE UNION CONGRESS (AITUC),

NO.27, 6TH CROSS, 4TH MAIN, MALLESHWARAM,

BENGALURU-560 003.


NO.458, OTC ROAD, COTTONPET,

BENGALURU-560 053 REPRESENTED BY ITS SECRETARY.

5. CITU

NO.40/5, 2ND B MAIN ROAD,

16TH CROSS, SAMPANGIRAM NAGAR, BENGALURU-560 027,

REPRESENTED BY GENERAL SECRETARY.


NO.17/1, 1ST FLOOR, HOSAGUDDADAHALLI BUS STOP,

MYSORE ROAD, BENGALURU-560 026.

7. KARNATAKA STATE HOTEL WORKERS WELFARE ASSOCIATION,

NO.118, 4TH CROSS, 16TH MAIN ROAD, J.C. NAGAR, BENGALURU-560 086.


JAYAPURA, KOPPA TALUK,

37

CHIKMAGALUR DISTRICT – 577 101. REPRESENTED BY ITS PRESIDENT.


TRADE UNIONS (AICCTU) NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD,

HOODI, M.D. PURA, BANGALORE – 560 048



... RESPONDENTS

(BY SRI DILDAR SHIRALLI, HCGP FOR R1 & R2; SMT. MANGALAMBA RAO H., ADV. FOR R4;

SRI ADITYA CHATTERJEE, ADV. FOR R5; SRI CLIFTON D’ ROZARIO, ADV. FOR R6;

NOTICE TO R3, R7 & R8 SERVED; SRI BALAKRISHNAN, PARTY-IN-PERSON FOR R9)


226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS LEADING TO ISSUANCE OF NOTIFICATION DATED 30.07.2015 ISSUED BY 1ST RESPONDENT IN SO FAR AS THE

EMPLOYMENT IN AUTOMOBILE ENGINEERING INDUSTRY (INCLUDING SERVICING AND REPAIRING WORKS) IS

CONCERNED (ANNEXURE-D); QUASH THE NOTIFICATION DATED 30.07.2015 ISSUED BY THE 1ST RESPONDENT IN SO FAR

AS THE EMPLOYMENT IN AUTOMOBILE ENGINEERING INDUSTRY (INCLUDING SERVICING AND REPAIRING WORKS) IS CONCERNED (ANNEXURE-D), DECLARING THE SAME AS

UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE 14 OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE

PROVISIONS OF MINIMUM WAGES ACT 1948 AND RULES MADE THEREUNDER.

38

In W.P.Nos.12837-12855/2016

BETWEEN:

1. PERFECT ALLOYS COMPONENTS (P) LTD.,

NAVALE SAVALANGA ROAD, SHIMOGA-577204 REPRESENTED BY ITS DIRECTOR

SRI B.C. NANJUNDA SETTY AGED ABOUT 72 YEARS.

2. TECHNO RINGS

B1, INDUSTRIAL ESTATE,

SAGAR ROAD, SHIMOGA-577 204

RERPESENTED BY ITS PARTNER SRI B/N. SATHYANARAYA, AGED ABOUT 83 YEARS.

3. SREE SHIVA SAI CAST PVT. LTD.,

SURVEY NO.57, GEJJENAHALLI, SHIMOGA-577 204 REPRESENTED BY ITS DIRECTOR

SRI M. SUMANTH AGED ABOUT 32 YEARS.

4. FOCUS DIRECAST PVT. LTD.,

C-31, KSSIDC, INDL. ESTATE,

SAGAR ROAD, SHIMOGA-577204

REPRESENTED BY ITS DIRECTOR SRI PRAMOD M. INAMDAR AGED ABOUT 42 YEARS

5. VOLMAC CASTING PVT. LTD.,

B-3, KKSIDC, INDL ESTATE, SAGAR ROAD,

SHIMOGA-577204 REPRESENTED BY ITS DIRECTOR SRI VINAY S. JOSHI


39

6. BHUMIKA ALLOY CASTING PVT. LTD., SRIRAMPURA VILLAGE,

SAGAR ROAD, SHIMOGA-577204

REPRESENTED BY ITS DIRCTOR SRI H.R. DEEPAK AGED ABOUT 40 YEARS.

7. SREE S.G.K. INDUSTRIES C-15, INDL. ESTATE, SAGAR RAOD,

SHIMOGA-577204 REPRESENTED BY ITS PROPRIETOR

SRI B.C. NANJUNDASETTY AGED ABOUT 72 YEARS.

8. SHANTHALA SPHERO CAST PVT. LTD., NO.36-B, SHIMOGA BHADRAVATHI INDL. AREA,

MACHENAHALLI, SHIMOGA-577222

REPRESENTED BY ITS DIRECTOR SRI D.B. ASHOK AGED ABOUT 44 YEARS.

9. ESHWAR STEELTECH PVT. LTD.,

NO.47A & 47B, SHIVAMOGGA BHADRAVATHI INDL. AREA, MACHENAHALLI,

NIDIGE-577222 REPRESENTED BY ITS DIRECTOR

SRI J. LOKESH AGED ABOUT 49 YEARS.

10. PRAGATHI STEEL CASTINGS PVT. LTD., NO.41 & 42, SHIMOGGA BHADRAVATHI

INDUSTRIAL AREA, MACHENAHALLI, NIDIGE-577222 REPRESENTED BY ITS DIRECTOR

SRI D.B. ASHOK AGED ABOUT 44 YEARS.

40

11. VIJAY TECHNOCRAFT PVT. LTD., NO.33-A, SHIMOGA BHADRAVATHI

INDL. AREA, MACHENAHALLI, NIDIGE-577222

REPRESENTED BY ITS DIRECTOR SRI D.B. ASHOK AGED ABOUT 44 YEARS.

12. JAYALAKSHMI MALLABLES

18-B, KIADB INDL. AREA MACHENAHALLI, SHIMOGA-577222

REPRESENTED BY ITS PARTNER SRI V. SRINIVAS


13. NAETEK FERROCASTINGS PVT. LTD.,

31, EFT, SHIMOGA-BHADRAVATHI INDUSTRIAL AREA, MACHENAHALLI,

NIDIGE-577 222 REPRESENTED BY ITS MANAGING DIRECTOR

SRI M.N. SURESH AGED ABOUT 67 YEARS.

14. RENUKA DUCTILE & GREY IRON FOUNDRY PVT. LTD.,

PLOT NO.19C, KIADB INDL. AREA, MACHENAHALLI, NIDIGE POST, SHIMOGA-577222

REPRESENTED BY ITS DIRECTOR SRI J. UMESH


15. VASAVI FOUNDARY PVT. LTD.,

B-6, INDUSTRIAL ESTATE, BHADRAVATHI

REPRESENTED BY ITS DIRECTOR SRI B.M. RAMESH AGED ABOUT 58 YEARS.

16. SRI VASAVI TECHNOCAST PVT. LTD.,

NO.30, ABCD, KIADB INDL. AREA, MACHENAHALLI,

41

SHIMOGA REPRESENTED BY ITS DIRECTOR

SRI B.M.RAMESH AGED ABOUT 58 YEARS.

17. ADISHAKTHI CASTINGS PVT. LTD.,

PLOT NO.37B, KIADB INDL. ESTATE,

NIDIGE INDUSRIAL AREA, MACHENAHALLI,

SHIMOGA REPRESENTED BY ITS DIRECTOR SRI M.VEERASHEKAR. M


18. SWAYAM ALLOY CASTINGS PVT. LTD., PLOT NO.21EFG/1, KIADB INDL. AREA, MACHENAHALLI,

SHIMOGA REPRESENTED BY ITS DIRECTOR

SRI L.B. RAVISHANKAR, AGED ABOUT 48 YEARS.

19. PEARLITE LINERS PVT. LTD.,

N.T. ROAD,

SHIMOGA-577202 REPRESENTED BY ITS DIRECTOR

SRI M.VENUGOPAL AGED ABOUT 77 YEARS.

... PETITIONERS (BY SRI S.S. NAGANAND, SENIOR ADV. FOR

SRI B.C. PRABHAKAR, ADV.)

AND:


GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560 001.

42

2. THE LABOUR COMMISSIONER GOVERNMENT OF KARNATAKA,

KARMIKA BHAVANA, BANNERGHATTA ROAD,

BENGALURU-560 029.

3. PRESIDENT

ALL INDIA TRADE UNION CONGRESS (AITUC), NO.27, 6TH CROSS, 4TH MAIN,

MALLESHWARAM, BENGALURU-560 003.



BENGALURU-560 053.

5. CITU

NO.40/5, 2ND B MAIN ROAD, 16TH CROSS, SAMPANGIRAM NAGAR,



NO.17/1, 1ST FLOOR,

HOSAGUDDADAHALLI BUS STOP, MYSORE ROAD,

BENGALURU-560 026.

7. KARNATAKA STATE HOTEL

WORKERS WELFARE ASSOCIATION, NO.118, 4TH CROSS, 16TH MAIN ROAD,

J.C. NAGAR, BENGALURU-560 086.

8. KARNATAKA ESTATE LABOUR UNION JAYAPURA, KOPPA TALUK,

CHIKMAGALUR DISTRICT – 577 101. 9. ALL INDIA CENTRAL COUNCIL OF


BASAVANAGAR MAIN ROAD, HOODI, M.D. PURA,

43




... RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R1 & R2;

SMT. MANGALAMBA RAO H., ADV. FOR R4; SRI ADITYA CHATTERJEE, ADV. FOR R5;

SRI CLIFTON D’ ROZARIO, ADV. FOR R6; NOTICE TO R3, R7 SERVED; SRI BALAKRISHNAN, PARTY-IN-PERSON FOR R9;

SRI K.B. NARAYANA SWAMY, ADV. FOR R8)


226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR

RECORDS LEADING TO ISSUANCE OF NOTIFICATION DATED 03.08.2015 ISSUED BY 1ST RESPONDENT IN SO FAR AS THE

EMPLOYMENT IN FOUNDRY IS CONCERNED AT ANNEXURE-C; QUASH THE NOTIFICATION DATED 03.08.2015 ISSUED BY 1ST RESPONDENT IN SO FAR AS THE EMPLOYMENT IN FOUNDRY IS

CONCERNED AT ANNEXURE-C, DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE 14 OF THE

CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES MADE THEREUNDER.

In W.P.Nos.13207-13213/2016

BETWEEN: 1. SHREE LAKSHMI FOUNDRY

NO.200, OLD HARLAPUR VILLAGE, GUTTUR POST, HARIHARA-577 601,

REPRESENTED BY ITS PARTNER SRI M.R. SATYANARAYAN,


44

2. CENTRICAST FOUNDERS C-36, K.S.S.I.D.C.,

INDUSTRIAL ESTATE, DAVANAGERE-577 005,

REPRESENTED BY ITS PROPRIETOR SRI H.M. VINEETH, AGED ABOUT 50 YEARS.

3. HARIHARA HEADS

KIADB, PLOT NO. 22 & 22 (P), HARIAPURA INDUSTRIAL AREA, GUTTUR POST,

HARIHAR-577 601, REPRESENTED BY ITS PARTNER

SRI N.S. ARUN, AGED ABOUT 45 YEARS,

4. JAY ENGINEERING INDUSTRIAL ESTATE,

YANTRAPUR POST, HARIHAR- 577 601,

REPRESENTED BY ITS PARTNER SRI H.M. SWAMY, AGED ABOUT 42 YEARS.

5. M/s. SMITHA ENTERPRISES

PLOT NO. CR-5 TO 10, INDUSTRIAL ESTATE, YANTRAPUR POST, HARIHAR- 577 601,

REPRESENTED BY ITS PROPRIETOR SRI M.S. ARUN,


6. VELKAST FOUNDRIES

PLOT NO.20A, KIADB INDUSTRIAL AREA, HALE HERIAPUR,

HAIAPPANAHALLI ROAD, HARIHAR-577 601, REPRESENTED BY ITS PROPRIETOR

SRI RAMASWAMY, AGED ABOUT 70 YEARS.

45

7. PRADEEP ENTERPRISES PLOT NO. N-7, INDUSTRIAL ESTATE,

YANTRAPUR POST, HARIHAR-577 601,

REPRESENTED BY ITS PROPRIETOR SRI RAMASWAMY, AGED ABOUT 70 YEARS.

... PETITIONERS

(BY SRI S.S. NAGANAND, SENIOR ADV. FOR SRI B.C. PRABHAKAR, ADV.)


LABOUR DEPARTMENT, GOVERNMENT OF KARNATAKA,

VIKASA SOUDHA, BENGALURU-560 001.



BENGALURU-560 029.

3. PRESIDENT

ALL INDIA TRADE UNION CONGRESS (AITUC), NO.27, 6TH CROSS, 4TH MAIN,


4. BHARATIYA MAZADOR SANGHA NO.458, OTC ROAD,

COTTONPET, BENGALURU-560 053 REPRESENTED BY ITS SECRETARY.

5. CITU


46



NO.17/1, 1ST FLOOR, HOSAGUDDADAHALLI BUS STOP, MYSORE ROAD,

BENGALURU-560 026 REPRESENTED BY ITS PRESIDENT.


WORKERS WELFARE ASSOCIATION,

NO.118, 4TH CROSS, 16TH MAIN ROAD, J.C. NAGAR,

BENGALURU-560 086 REPRESENTED BY ITS GENERAL SECRETARY.


CHIKMAGALUR DISTRICT – 577 101 REPRESENTED BY ITS PRESIDENT.

... RESPONDENTS

(BY SRI DILDAR SHIRALLI, HCGP FOR R1 & R2; SRI ADITYA CHATTERJEE, ADV. FOR R5;

SRI CLIFTON D’ ROZARIO, ADV. FOR R6; NOTICE TO R3, R4, R7 & R8 IS SERVED)


226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS LEADING TO ISSUANCE OF NOTIFICATION DATED

03.08.2015 ISSUED BY 1ST RESPONDENT IN SO FAR AS THE EMPLOYMENT IN FOUNDRY IS CONCERNED AT ANNEXURE-C; QUASH THE NOTIFICATION DATED 03.08.2015 ISSUED BY 1ST

RESPONDENT IN SO FAR AS THE EMPLOYMENT IN FOUNDRY IS CONCERNED AT ANNEXURE-C, DECLARING THE SAME AS

UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE 14 OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES MADE

THEREUNDER.

47

In W.P.NO.13887/2016

BETWEEN:

BOARD OF MANAGEMENT KLE SOCIETY,

COLLEGE ROAD, BELGAUM-590 001, REPRESENTED BY ITS SECRETARY.

... PETITIONER



LABOUR DEPARTMENT,


BENGALURU-560 001.








BENGALURU-560 053.

5. CITU


48




BENGALURU-560 026.

7. KARNATAKA STATE HOTEL WORKERS WELFARE ASSOCIATION, NO.118, 4TH CROSS, 16TH MAIN ROAD,

J.C. NAGAR, BENGALURU-560 086.

8. KARNATAKA ESTATE LABOUR UNION JAYAPURA, KOPPA TALUK, CHIKMAGALUR DISTRICT – 577 101.






... RESPONDENTS

(BY SRI D. ASWATHAPPA, AGA FOR R1 & R2;

SRI K.B. NARAYANA SWAMY, ADV. FOR R3; SMT. MANGALAMBA RAO H., ADV. FOR R4; SRI ADITYA CHATTERJEE FOR

M/s. KEYSTONE PARTNERS, ADVS. FOR R5; SRI CLIFTON D’ ROZARIO, ADV. FOR R6;

R7 & R8 SERVED BUT UNREPRESENTED; SRI BALAKRISHNAN, PARTY-IN-PERSON FOR R9)

49

W.P.No.13887/2016 IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR


EMPLOYMENT IN PRINTING PRESS IS CONCERNED AT ANNEXURE-C; QUASH THE NOTIFICATION DATED 03.08.2015 ISSUED BY 1ST RESPONDENT IN SO FAR AS THE EMPLOYMENT

IN PRINTING PRESS IS CONCERNED AT ANNEXURE-C, DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA

VIRES OF ARTICLE 14 OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES MADE THEREUNDER.

In W.P.Nos.14259-14260/2016

BETWEEN:

1. KHT AGENCIES PVT. LTD.,

NO.10, MISSION ROAD, SUBBAIAH CIRCLE,

BENGALURU – 560 027 REPRESENTED BY ITS DIRECTOR

Mr. ADIT MOZARIA, AGED ABOUT 35 YEARS.

2. MORZARIA REALTECH (P) LTD., NO.305, II CROSS, 5TH MAIN,

PEENYA INDUSTRIAL AREA, IV STAGE, BENGALURU – 560 058 REPRESENTED BY ITS DIRECTOR

Mr. ADIT MOZARIA, AGED ABOUT 35 YEARS.

... PETITIONERS


AND:


GOVERNMENT OF KARNATAKA,

50



GOVERNMENT OF KARNATAKA, KARMIKA BHAVANA, BANNERGHATTA ROAD,

BENGALURU-560 029.

3. PRESIDENT ALL INDIA TRADE UNION CONGRESS (AITUC), NO.27, 6TH CROSS, 4TH MAIN,



NO.458, OTC ROAD,

COTTONPET, BENGALURU-560 053.

5. CITU

NO.40/5, 2ND B MAIN ROAD, 16TH CROSS, SAMPANGIRAM NAGAR, BENGALURU-560 027,


6. GARMENTS & TEXTILE WORKERS UNION NO.17/1, 1ST FLOOR, HOSAGUDDADAHALLI BUS STOP,





BENGALURU-560 086. 8. KARNATAKA ESTATE LABOUR UNION

JAYAPURA, KOPPA TALUK, CHIKMAGALUR DISTRICT – 577 101.

51





R9 AMENDED VIDE COURT ORDER

DATED 06.06.2016.

... RESPONDENTS (BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SMT. MANGALAMBA RAO H., ADV. FOR R4;

SRI ADITYA CHATTERJEE, ADV. FOR R5; SRI CLIFTON D’ ROZARIO, ADV. FOR R6;

R3, R7 & R8 SERVED; SRI BALAKRISHNAN, PARTY-IN-PERSON FOR R9)

W.P.Nos.14259-14260/2016 ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR

RECORDS LEADING TO THE ISSUANCE OF NOTIFICATION DATED 30.07.2015 ISSUED BY THE 1ST RESPONDENT IN SO FAR AS THE EMPLOYEMENT IN AUTOMOBILE ENGINEERING

INDUSTRY [INCLUDING SERVICING AND REPAIRING WORKS] IS CONCERNED AT ANNEXURE-D AND QUASH THE

NOTIFICATION DATED 30.07.2015 ISSUED BY THE 1ST RESPONDENT IN SO FAR AS THE EMPLOYMENT IN AUTOMOBILE

ENGINEERING INDUSTRY (INCLUDING SERVICING AND REPAIRING WORKS) IS CONCERNED AT ANNEXURE-D, DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA

VIRES OF ARTICLE 14 OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES

ACT, 1948 AND RULES MADE THEREUNDER.

In W.P.Nos.15120-15126/2016

BETWEEN: 1. SHIMOGA PISTON RINGS P. LTD.,

21-H, KIADB INDUSTRIAL AREA,

52

MACHENAHALLI NIDIGE POST, SHIMOGA -577 222,

REPRESENTED BY ITS DIRECTOR SRI UDAYAKUMAR,


2. MALNAD ALLOY CASTINGS PRIVATE LTD.,

36-A, SHIMOGA BHADRAVATHI INDUSTRIAL AREA, MACHENAHALLI, SHIMOGA-577 222,

REPRESENTED BY ITS MANAGING DIRECTOR SRI Y.V. MADHUKAR JOIS, AGED ABOUT 56 YEARS.

3. SHIMOGA PRECISION CASTINGS PRIVATE LIMITED

61, SHIMOGA BHADRAVATHI INDUSTRIAL AREA, MACHENAHALLI, SHIMOGA - 577 222,

REPRESENTED BY ITS MANAGING DIRECTOR SRI Y.V. MADHUKAR JOIS,


4. PRARTHANA ENGINEERING P. LTD., NO.25-B, 26A1, 26A2, KIADB INDUSTRIAL AREA, MACHENAHALLI,

SHIMOGA-577 222, RERPESENTED BY ITS DIRECTOR

SRI B.C. NANDUNDA SETTY, AGED ABOUT 72 YEARS.

5. SAI KRUPA INDUSTRIES PVT. LTD., SHIMOGA BHADRAVATHI INDUSTRIAL AREA,

MACHENAHALLI, NIDGE-577 222, SHIMOGA REPRESENTED BY ITS DIRECTOR

SRI B.GANESHA, AGED ABOUT 55 YEARS.

6. VISHVESHWARAYYA ALLOY CASTINGS PVT. LTD.,

NO.52, KIADB, MACHENAHALLI INDUSTRIAL AREA,

1ST CROSS, NIDGE POST, SHIMOGA-577 222

REPRESENTED BY ITS DIRECTOR

53

SRI RAGHAVENDRA M.V. AGED ABOUT 37 YEARS.

7. SVE CASTING PRIVATE LIMITED

PLOT NO.1&2, KIADB INDUSTRIAL AREA, ANANTAPUR ROAD, BELLARY-583 101,

REPRESENTED BY ITS MANAGING DIRECTOR SRI P. BALAJI,


... PETITIONERS (BY SRI S.S. NAGANAND, SENIOR ADV. FOR SRI B.C.PRABHAKAR, ADV.)


LABOUR DEPARTMENT,


BENGALURU-560 001.





NO.27, 6TH CROSS, 4TH MAIN, MALLESHWARAM,

BENGALURU-560 003. 4. BHARATIYA MAZADOR SANGHA


BENGALURU-560 053 REPRESENTED BY ITS SECRETARY.

5. CITU (CENTRE OF INDIA TRADE UNION) NO.40/5, 2ND B MAIN ROAD,

16TH CROSS, SAMPANGIRAM NAGAR,

54




BENGALURU-560 026 REPRESENTED BY ITS PRESIDENT.




BENGALURU-560 086 REPRESENTED BY ITS GENERAL SECRETARY.


CHIKMAGALUR DISTRICT – 577 101 REPRESENTED BY ITS SECRETARY.







SMT. MANGALAMBA RAO H., ADV. FOR R4; SRI ADITYA CHATTERJEE, ADV. FOR R5;

SRI CLIFTON D’ ROZARIO, ADV. FOR R6; R3, R7 & R8 SERVED; SRI BALAKRISHNAN, PARTY-IN-PERSON FOR R9)

55



EMPLOYMENT IN FOUNDRY IS CONCERNED AT ANNEXURE-C; QUASH THE NOTIFICATION DATED 03.08.2015 ISSUED BY 1ST RESPONDENT IN SO FAR AS THE EMPLOYMENT IN FOUNDRY IS

CONCERNED AT ANNEXURE-C, DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE 14 OF THE

CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES MADE THEREUNDER.

In W.P.Nos.15974-16013/2016

BETWEEN: 1. J.P.F. METACAST PVT. LTD.,

SY.NO.589 & 607 PLOT NO.7, 16 & 29,

MACHHE INDUSTRIAL ESTATE BELGAUM - 590014

REPRESENTED BY ITS MANAGING DIRECTOR SRI PRAKASH PANDIT AGED ABOUT 64 YEARS.

2. AKP FOUNDRIES PVT. LTD.,

R.S.NO.689, UDYAMBAG, BELGAUM – 590 008 REPRESENTED BY ITS MANAGING DIRECTOR

SRI RAM B. BHANDARE AGED ABOUT 69 YEARS.

3. AKP FERROCAST PVT. LTD.,

NO.6663, WAGHWADE ROAD,

MACHHE, BELGAVI – 590 014 REPRESENTED BY ITS DIRECTOR

Mr. PARAG RAM BHANDARE AGED ABOUT 41 YEARS.

56

4. ABHISHEK ALLOYS PVT. LTD., PLOT NO.58, MACHHE INDL. ESTATE

BELGAUM – 590 014 REPRESENTED BY ITS DIRECTOR

SRI MADHWA ACHARYA AGED ABOUT 57 YEARS.

5. ALLOYS STEELS PLOT NO.M-27, INDUSTRIAL ESTATE

UDAYAMBAG BELGAUM – 590 008 REPRESENTED BY ITS PARTNER

Mr. JAYADEV S. DOLLI AGED ABOUT 39 YEARS.

6. JINESHWAR MALLEABLE & ALLOYS

B-14, ANGOL INDUSTRIAL ESTATE

RANI CHENNAMMA NAGAR, BELGAUM – 560 008

REPRESENTED BY ITS MANAGING PARTNER Mr. MANOH H.DHAVALESHWAR


7. VARSHA IRONS

PLOT NO.365, SY.NO.54/7, NAVAGE CROSS, JAMBOTI ROAD,

BELGAUM – 590 014 REPRESENTED BY ITS PARTNER Mr. VIJAY M. MUCHANDIKAR


8. TRIMURTI FOUNDERS SY.NO.56/4, NAVAGE CROSS JAMBOTI ROAD,

BELGAUM – 590 014 REPRESENTED BY ITS PARTNER

SRI PRAVIN C. BOGAR AGED ABOUT 58 YEARS.

9. KAPEEL FOUNDERS PLOT NO.69, UDYAMBAG,

BELGAUM – 590 008 REPRESENTED BY ITS PARTNER

57

Mr. ANANTHA PATIL AGED ABOUT 34 YEARS.

10. MANGAL FOUNDERS

SY.NO.634/1, PLOT NO.7A/7B JAMBOTI ROAD, MACHHE BELGAUM - 590014

REPRESENTED BY ITS PROPRIETOR Mr. RAHU HAIBATTI


11. GLOW CAST

PLOT NO.76 & 104 MACHHE INDUSTRIAL ESTATE

BELGAUM - 590014 REPRESENTED BY ITS PROPRIETOR SMT. A.G. MALIYE


12. THE ALLIED FOUNDERS PVT. LTD., PLOT NO.L-3, INDL. ESTATE

UDYAMBAG, BELGAUM – 590 008 REPRESENTED BY ITS DIRECTOR

SRI RAMACHANDRA MALLYA AGED ABOUT 36 YEARS.

13. GRIHALAXMI METAL INDUSTRIES

PLOT NO.13, GOVT INDL. ESTATE,

UDAYAMBAG, BELGAUM-590 008,

REPRESENTED BY ITS MANAGING PARTNER SRI MARUTHI YELLAPPA KONO, AGED ABOUT 61 YEARS.

14. AMIT FERRO CAST

SY.NO.608/2 & 608/3, MACHHE INDL. ESTATE, MECHHE, BELGAUM-590 014

REPRESENTED BY ITS PARTNER SRI MARUTHI YELLAPPA KONO


58

15. REC ENGINEERING PRODUCTS PVT. LTD., RS NO.56/4, JAMBOTI ROAD,

NAVAGE CROSS, BELGAUM-590 014,

REPRESENTED BY ITS EXECUTIVE DIRECTOR SRI OMKAR C. HASHILKAR, AGED ABOUT 30 YEARS.

16. BHARAT IRON & STEEL WORKS

371/1, + 2B, PUNE BANGALORE ROAD, BELGAUM-590 016, REPRESENTED BY ITS MANAGING PARTNER

Mr. SUDHIR M. PATIL AGED ABOUT 71 YEARS.

17. BHARAT IRON WORKS

371/1 +2B, PUNE BANGALORE ROAD, BELGAUM-590 016

REPRESENTED BY ITS PROPRIETOR Mr. SUNAY S. PATIL


18. VINMAR DIESELS

PLOT NO.57, MACHHE INDL. ESTATE BEHIND ASHOK PLANT-II,

MACHEE, BELGAUM-590 014 REPRESENTED BY ITS PARTNER SRI V.V.YALGI


19. M/s. HINDUSTAN ENGINEERS PLOT NO.11, SY.NO.341/2 (689) UDAYAMBAG,

BELGAUM-590 008 REPRESENTED BY ITS PARTNER

SRI YESHWANT A. MANGALE AGED ABOUT 64 YEARS.

20. M/s. BELGAUM ALUMINIUM INDUSTRIES PVT. LTD., PLOT NO.8A/8B, SY.NO.34,

KIADB INDL. ESTATE, KANGRALE (BD), OPP. INDAL COLI,

59

P.B.ROAD, BELGAUM-560 010 REPRESENTED BY ITS DIRECTOR

SRI ARAVIND A. MANGALE AGED ABOUT 59 YEARS.

21. GOKUL FERROCAST PVT. LTD.,

172/2, G.P.NO.509, WAGH WADE,

BELGAUM-590 014 REPRESENTED BY ITS JOINT MANAGING DIRECTOR

SRI NITIN LANDGE AGED ABOUT 46 YEARS.

22. DAMODAR ENGINEERING WORKS NO.411, (SY.NO.690)

UDAYAMBAG, BELGAUM-570 008 REPRESENTED BY ITS PARTNER SRI SAMEER S. ANGOLKAR


23. M/s. VIMAL ENTERPRISES PLOT NO.53, 54, 54A,

MACHHE INDL. AREA, MACHEE, BELAGAUM-590 014 REPRESENTED BY ITS PROPRIETOR

SRI VIJAY GULABCHAND LENGADE AGED ABOUT 50 YEARS.

24. PRABHAT METAL INDUSTRIES

4142, DHARWAR ROAD,

HOSUR, P.O. SHAHAPUR, BELGAUM- 590 003

REPRESENTED BY ITS PARTNER SRI LAXMAN B. SAINUCHE AGED ABOUT 64 YEARS.

25. PRABHAT CASTINGS

374, P.B.ROAD, HOSUR POST, SHAHAPUR, BELGAUM-590 003

REPRESENTED BY ITS PARTNER SRI LAXMAN B. SAINUCHE


60

26. SHANTI IRON & STEEL NO.690, UDAYAMBAG INDL. ESTATE,

BELGAUM-590 008 REPRESENTED BY ITS PARTNER

SRI SANTOSH K. PORWAL AGED ABOUT 40 YEARS.

27. MUKUND ISPAT RS NO.58/2, JAMBOTI ROAD,

POST NAVAGE, BELGAUM - 590 014 REPRESENTED BY ITS MANAGING PARTNER

SRI MUKUND BANG, AGED ABOUT 42 YEARS.

28. ASHOK IRON WORKS (P) LTD.,

SPL. PLOT NO.1 & 2 INDUSTRIAL ESTATE, UDAYAMBAG,

BELAGUM-590 008 REPRESENTED BY ITS GENERAL MANAGER-HRD

SRI PRASHANTH KALE AGED ABOUT 43 YEARS.

29. MARUTI METALS SY. NO.700-1, A/2,

(IN FRONT OF ASHOKA IRON) UDAYAMBAG, BELGAUM – 590 008, REPRESENTED BY ITS PROPRIETOR

SRI MOHAN M. BHANDURGE AGED ABOUT 55 YEARS.

30. PROTECH FOUNDERS PVT. LTD.,

739/1, "RAJENDRA"

KHANAPUR ROAD, UDAYAMBAG, BELGAUM – 590 008

REPRESENTED BY ITS DIRECTOR SRI ANAND A. BOGAR, AGED ABOUT 38 YEARS.

31. KUDALE IRON WORKS,

709/4, INDL. AREA, RAJARAM NAGAR,

61

NEAR GIT COLLEGE, UDAYAMBAG, BELGAUM – 590 008

REPRESENTED BY ITS PARTNER SRI SREENATH S. KUDALE


32. TECHNOSYSTEMS

C-2, GOVT. INDL. ESTATE, UDAYAMBAG,

BELGAUM – 590 008, REPRESENTED BY ITS PARTNER SRI PRADEEP M. KULKARNI


33. FLUID METALS (INDIA) PVT. LTD., C/O. OHM INDUSTRIES, C-6, GOVT. INDL ESTATE,

UDAYAMBAG, BELGAUM - 590 008 REPRESENTED BY ITS MANAGING DIRECTOR

SRI SATISH KESHAVRAO NERLEKAR AGED ABOUT 52 YEARS.

34. VINSAVI INDOTECHS UNIT-2

PLOT NO. M-30, RS NO.8

INDUSTRIAL ESTATE, UDAYAMBAG BELGAUM - 590 008

REPRESENTED BY ITS PROPRIETOR SRI SUNIL BASAWANT KANGALKAR AGED ABOUT 48 YEARS.

35. SHREE INDUSTRIES

PLOT NO.78, NEAR KAPIL INDUSTRIES, BEHIND GANAPATHI TEMPLE, UDAYAMBAG, BELGAUM - 590 008

REPRESENTED BY ITS PROPRIETOR SRI MANOJ MARUTHI RAUL


36. ATUNI STEEL CAST

PLOT NO.50, MACHHE INDL. ESTATE, MACHHE, BELGAUM - 590 014

62

REPRESENTED BY ITS PROPRIETOR SRI SANCHIT A. KITTUR


37. SOUTHERN FERRO STEELS LTD.,

172, DHARWAD GROWTH CENTRE, BELUR INDUSTRIAL AREA DHARWAD-580 011

REPRESENTED BY ITS DIRECTOR SRI SHIVANAND NAYAK


38. M/s. VICTOR ENTERPRISES

M/N 16M, INDUSTRIAL ESTATE, UDAYAMBAG, BELGAUM – 590 008

REPRESENTED BY ITS PARTNER SRI ADITYA S. PARIKH


39. BELGAUM FERROCAST (INDIA) PVT. LTD.,

PLOT NO.7A, 8A & 8B, R S NO.680/2, BEMCIEL,

UDYAMBAG, BELGAVI – 590 008 REPRESENTED BY ITS MANAGING DIRECTOR SRI SACHIN BALKRISHNA SABNIS


40. BHARGAV ALLOY CASTING PVT. LTD., NO.29, E & F KIADB INDUSTRIAL AREA MACHENAHALLI, NIDIGE

SHIMOGA – 577 222 REPRESENTED BY ITS DIRECTOR

SRI VEERANAGOWDA T., AGED ABOUT 45 YEARS.

... PETITIONERS


63


LABOUR DEPARTMENT,


BENGALURU-560 001.







NO.458, OTC ROAD, COTTONPET, BENGALURU-560 053.

5. CITU

NO.40/5, 2ND B MAIN ROAD, 16TH CROSS, SAMPANGIRAM NAGAR, BENGALURU-560 027,


6. GARMENTS & TEXTILE WORKERS UNION NO.17/1, 1ST FLOOR,

HOSAGUDDADAHALLI BUS STOP, MYSORE ROAD, BENGALURU-560 026.


WORKERS WELFARE ASSOCIATION, NO.118, 4TH CROSS, 16TH MAIN ROAD, J.C. NAGAR,

BENGALURU-560 086.

64


CHIKMAGALUR DISTRICT – 577 101.

.. RESPONDENTS

(BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SRI K.B. NARAYANA SWAMY, ADV. FOR R3; SMT. MANGALAMBA RAO H., ADV. FOR R4;

SRI ADITYA CHATTERJEE FOR M/s. KEYSTONE PARTNERS, ADVS. FOR R5;

SRI CLIFTON D’ ROZARIO, ADV. FOR R6; R7 & R8 SERVED BUT UNREPRESENTED)


226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS LEADING TO ISSUANCE OF NOTIFICATION DATED 03.08.2015 ISSUED BY 1ST RESPONDENT IN RESPECT OF THE

EMPLOYMENT IN FOUNDRY IS CONCERNED AT ANNEXURE-C; QUASH THE NOTIFICATION DATED 03.08.2015 ISSUED BY 1ST

RESPONDENT IN RESPECT OF THE EMPLOYMENT IN FOUNDRY IS CONCERNED AT ANNEXURE-C, DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE 14 OF THE

CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES MADE

THEREUNDER.

In W.P.Nos.20312-20313/2016

BETWEEN:

1. THE SOUTH INDIA PLYWOOD

MANUFACTURERS ASSOCIATION NO.1 & 2, 5TH MAIN,

YADAVGIRI INDUSTRIAL ESTATE, MYSORE – 570 020 REPRESENTED BY ITS PRESIDENT

SRI SIRAJ ASGER ALI.

2. THE FRIENDS VENEER & PLY PLOT NO.407 & 408, INDUSTRIAL AREA

65

BAIKAMPADY, MANGALORE – 575 010

REPRESENTED BY ITS MANAGING PARTNER SRI AJITH PRASAD.

... PETITIONERS (BY SRI S.N. MURTHY, SENIOR ADV. FOR

SRI SOMASHEKAR, ADV.)

AND: 1. THE GOVERNMENT OF KARNATAKA

REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LABOUR

VIKAS SOUDHA BANGALORE – 560 001.

2. THE COMMISSIONER OF LABOUR IN KARNATAKA KARMIKA BHAVANA

BANNERGHATTA ROAD BANGALORE – 560 029.

3. THE PRESIDENT ALL INDIA TRADE UNION CONGRESS

6, SIRUR PARK ROAD, SESHADRIPURAM BANGALORE – 560 020.

4. THE PRESIDENT

CENTRE OF INDIA TRADE UNIONS (CITU)


BASAVANAGUDI BANGALORE – 560 004.


NO.458, OTC ROAD, COTTONPET, BANGALORE – 560 053.

... RESPONDENTS

(BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SRI V.R. DATAR, ADV. FOR R3;

66

SRI ADITYA CHATTERJEE, ADV. FOR R4; R5 SERVED)


226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 30.07.2015 AT ANNEXURE-D TO THIS WRIT PETITION.

In W.P.Nos.20931-20932/2016

BETWEEN:

1. M/s. L.N.OILS

NO.167, C & D, 3RD ROAD, BELUR INDUSTRIAL AREA, DHARWAD - 580 011,

REPRESENTED BY ITS MANAGING DIRECTOR Mr. K. SURESH BABU,


2. SRI LAXMI SOLVENTS NO.167, BELUR INDL. AREA, DHARWAD-580 011,

REPRESENTED BY ITS MANAGING DIRECTOR Mr. K.SURESH BABU,


... PETITIONERS (BY SRI S.S. NAGANAND, SENIOR ADV. FOR SRI B.C.PRABHAKAR, ADV.)


LABOUR DEPARTMENT, GOVERNMENT OF KARNATAKA,



67


BENGALURU-560 029.

3. PRESIDENT ALL INDIA TRADE UNION CONGRESS (AITUC), NO.27, 6TH CROSS, 4TH MAIN,



NO.458, OTC ROAD,

COTTONPET, BENGALURU-560 053.

5. CITU

NO.40/5, 2ND B MAIN ROAD,

16TH CROSS, SAMPANGIRAM NAGAR, BENGALURU-560 027,


6. GARMENTS & TEXTILE WORKERS UNION NO.17/1, 1ST FLOOR, HOSAGUDDADAHALLI BUS STOP,





BENGALURU-560 086.


JAYAPURA, KOPPA TALUK, CHIKMAGALUR DISTRICT – 577 101.

... RESPONDENTS

(BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SRI K.B. NARAYANA SWAMY, ADV. FOR R7 & R8; R3 to R6 SERVED BUT UNREPRESENTED)

68



EMPLOYMENT IN OIL MILLS IS CONCERNED AT ANNEXURE-C; QUASH THE NOTIFICATION DATED 03.08.2015 ISSUED BY 1ST RESPONDENT PERTAINING TO OIL MILLS AT ANNEXURE-C,

DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE 14 OF THE CONSTITUTION OF INDIA AND

ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES MADE THEREUNDER.

In W.P.No.25215/2016

BETWEEN: BHORUKA STEEL & SERVICES LIMITED REFRACTORY DIVISION, SURVEY NO.34/1,

MAHADEVAPURA POST, WHITE FIELD ROAD,

BANGALORE – 560 048 REPRESENTED BY ITS MANAGING DIRECTOR SRI R.C. PUROHIT.

... PETITIONER (BY SRI S.N. MURTHY, SENIOR ADV. FOR

SRI SOMASHEKAR, ADV.)

AND:

1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY

DEPARTMENT OF LABOUR VIKAS SOUDHA BANGALORE – 560 001.

2. THE COMMISSIONER OF LABOUR IN KARNATAKA

KARMIKA BHAVANA BANNERGHATTA ROAD BANGALORE – 560 029.

69

3. THE PRESIDENT ALL INDIA TRADE UNION CONGRESS

6, SIRUR PARK ROAD, SESHADRIPURAM BANGALORE – 560 020.

4. THE PRESIDENT

CENTRE OF INDIA TRADE UNIONS (CITU)


BASAVANAGUDI BANGALORE – 560 004.


NO.458, OTC ROAD, COTTONPET, BANGALORE – 560 053.

... RESPONDENTS (BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SRI K.B. NARAYANA SWAMY, ADV. FOR R3;

SRI ADITYA CHATTERJEE FOR M/s. KEYSTONE PARTNERS, ADVS. FOR R4;

R5 SERVED)

W.P.No.25215/2016 IS FILED UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 03.08.2015 AT ANNEXURE-B

TO THIS WRIT PETITION.

THESE PETITIONS HAVING BEEN RESERVED, THIS DAY,

THE COURT PRONOUNCED THE FOLLOWING:

ORDER

Common questions of facts and law arise for

consideration in these petitions which were heard together

and shall stand disposed of by this Common Order.

70

2. These petitions have been filed by the

employer(s), challenging the Notification(s) of the

Government of Karnataka, issued in exercise of the power

under S.3(1)(b) and S.5(1)(b) of the Minimum Wages Act,

1948 (for short, 'the Act'), revising the rates of minimum

wages with respect to scheduled employments, with effect

from 01.04.2015.

3. The respondents are the Government of

Karnataka in whose name the impugned Notification(s)

have been issued and published and the Trade Unions

which espoused the cause of employees / sweated labour

employed by the petitioners and other employers in the

State of Karnataka.

4. The material facts and events which have

given rise to these petitions are: that the revision of

minimum wages in respect of the scheduled employments

in the Automobile Engineering (including service and

repair), Foundry, Hospitals, Oil Mills, Printing Press,

Ceramics, Stoneware, Pottery Works and Veneer industries

71

in the State of Karnataka having been made on

02.03.2009 and the revision having become due, draft

Notification(s) were published on 30.10.2014. Advisory

Committee constituted on 05.01.2015 submitted a report

dated 27.05.2015. State Government issued the impugned

Notification(s) on 30.07.2015 in respect of Automobile

Engineering and Veneer industries, and on 03.08.2015 i.e.,

in respect of the aforesaid other industries.

5. In W.P.Nos.56099-184/2015 filed by

M/s.Akshara Motors Pvt. Ltd. and others, interim stay of

implementation of the impugned Notification was ordered

subject to the condition that the petitioner shall pay 75%

of the amount specified for different categories with

prospective effect i.e., from the date of the Notification.

Ad interim stay of the impugned Notification(s) was

ordered in the connected writ petitions, subject to the

same condition.

6. The Minimum Wages Act, 1948 was enacted by

the Parliament to provide for fixing minimum rates of

72

wages in certain employments. S.2 gives the definitions of

various expressions appearing in the Act. Clauses (e), (h)

and (i) give the meaning of the words “employer”, “wages”

and “employee” respectively. S.3 provides for fixing of the

minimum rates of wages by the appropriate Government

and to review at certain intervals.

7. S.5 of the Act reads thus:

“5. Procedure for fixing and revising minimum wages.-

(1) In fixing minimum rates of wages in respect of any scheduled

employment for the first time under this Act or in revising

minimum rates of wages so fixed, the appropriate Government

shall either--

(a) appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or

(b) by notification in the Official Gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months from the date of the notification, on which the proposals will be taken into consideration.

(2) After considering the advice of the committee or committees

appointed under clause (a) of sub-section (1), or as the case may

be, all representations received by it before the date specified in

the notification under clause (b) of that sub-section, the

appropriate Government shall, by notification in the Official

Gazette, fix, or, as the case may be, revise the minimum rates of

wages in respect of each scheduled employment, and unless such

73

notification otherwise provides, it shall come into force on the

expiry of three months from the date of its issue:

Provided that where the appropriate Government proposes

to revise the minimum rates of wages by the mode specified in

clause (b) of sub-section (1), the appropriate Government shall

consult the Advisory Board also.”

(underlining is mine for emphasis)

Thus it is clear, that S.5 of the Act provides the

procedure for fixing and / or revising the minimum wages

in respect of any scheduled employment. There are two

types of procedure indicated in clauses (a) and (b) of sub-

section (1). In the present cases, the procedure followed

was one provided under clause (b) of sub-section(1).

8. S.7 of the Act pertains to constitution of

Advisory Board and reads thus:

“7. Advisory Board.- For the purpose of co-ordinating the

work of committees and sub-committees appointed under section

5 and advising the appropriate Government generally in the

matter of fixing and revising minimum rates of wages, the

appropriate Government shall appoint an Advisory Board.”

(underlining is mine for emphasis)

74

Thus, it is clear that the Advisory Board can tender

advice which is not binding on the Government while fixing

the wages or revising the same as the case may be.

However, the Government can take into consideration and

act on the report of the Advisory Board. But, the

Government is not bound to accept the report, as it is,

which becomes clear from the ratio of law laid down by the

Apex Court in the cases of STATE OF ANDHRA PRADESH

Vs. NARAYANA VELUR BEEDI MANUFACTURING FACTORY,

reported in (1973) 4 SCC 178 and STATE OF RAJASTHAN

Vs. HARI RAM NATHWANI, reported in (1975) 2 SCC

517.

9. In the case of MINISTRY OF LABOUR AND

REHABILITATION AND ANOTHER Vs. TIFFIN’S BARYTES

ASBESTOS AND PAINTS LTD. AND ANOTHER reported in

(1985) 3 SCC 594, Apex Court has held that the

Notification fixing minimum wages is not to be lightly

interfered with under Article 226 of the Constitution of

India on the ground of some irregularity in constitution of

the Committee or in the procedure adopted by the

75

Committee. It has been so stated on account of the fact

that the Committee acts only as a recommendatory body

and the final Notification fixing / revising wages has to be

made by the appropriate Government. It has been further

held as follows:

“ A Notification fixing minimum wages, in a country

where wages are already minimal should not be interfered

with under Article 226 of the Constitution except on the

most substantial of grounds. The legislation is a social

welfare legislation undertaken to further the Directive

Principles of State Policy and action taken pursuant to it

cannot be struck down on mere technicalities.”

10. Battery of learned Senior Advocates and also

learned advocates on record of the cases made extensive

submissions and cited large number of decisions in support

of their respective contentions. In view of the legal flaw

noticed at the end of hearing of the arguments of the

learned advocates, rendering the impugned Notifications

invalid and vitiated, it is unnecessary to notice the rival

contentions and record findings thereon.

76

11. Perused the files of the State Government

which led to the issuance of the impugned Notification(s).

The question that arises for consideration is, whether a

substantial ground exists to strike down the impugned

Notification(s)?

12. The facts not in dispute are, that the previous

revision of minimum wages for the scheduled

employments in respect of the Industry to which the

petitioners belong was made on 02.03.2009. S.3(1)(b) of

the Act empowers appropriate Government to review at

such intervals, as it may think fit, such intervals not exceeding

five years, the minimum rates of wages so fixed and revise

the minimum rates, if necessary. The proviso makes clear

that, if, for any reason the appropriate Government has

not reviewed the minimum rates of wages fixed by it in

respect of any scheduled employments within any interval

of five years, nothing contained in the clause shall be

deemed to prevent the appropriate Government from

reviewing the minimum rates after the expiry of the said

77

period of five years and revising them, if necessary, and

until they are so revised, the minimum rates in force

immediately before the expiry of the said period of five

years shall continue in force. It is appropriate to point out

that in the case of MANGALORE GANESH BEEDI AND

ALLIED BEEDI FACTORIES WORKERS ASSOCIATION Vs.

STATE OF KARNATAKA AND OTHERS (2003) 5 KANT L.J.

26 (DB), it has been held, that power has been conferred

on the State Government under S.5(2) of the Act to make

a Notification revising the wages with retrospective effect.

13. In the present cases, draft Notification(s)

proposing the revision of minimum rates of wages of the

scheduled employments was published on 30.10.2014.

None of the petitioners have raised any objection(s) nor

made any suggestion(s). State Government constituted

the Advisory Committee on 05.01.2015. The Committee

having held meetings submitted its report dated

27.05.2015 to the State Government. With reference to

the said proceedings, the Notifications, impugned in these

78

petitions were issued on 30.07.2015 and on 03.08.2015

and published in the Gazette.

14. In view of the mandate of sub-section (2) of

S.5 of the Act, what falls for determination is, whether the

impugned Notifications are invalid and vitiated by any legal

flaw?

15. A careful reading of sub-section (2) of S.5

leaves no manner of doubt that the power to fix and / or

revise the minimum rates of wages in respect of each of

the scheduled employments is of the appropriate

Government i.e., by following the procedure given under

sub-section (1) of S.5 of the Act.

16. In the present cases, after receipt of the

Advisory Committee report, the file(s) having been

processed by the Secretariat of Labour Department, were

not put up to the Minister concerned for consideration and

decision. Learned Government Advocate was unable to

show either the approval of the note(s) put up by the

79

Secretary, Labour Department by the Minister concerned

or the decision having been taken by the State

Government. Perusal of the files produced by the learned

Government Advocate does not show the consideration of

the report of the Advisory Committee and decision having

been taken by the Minister / Government, to revise / fix

the minimum rates of wages of the scheduled

employments and the consequential issue and publication

of the Notifications.

17. The impugned Notifications have been issued

and published in the name of the Karnataka Government

merely on the basis of the files as processed by the Labour

Department, without there being any decision by the

Government. The power having been vested under Ss.3

and 5 of the Act with the appropriate Government, the

exercise of the power other than by the designated

authority viz., appropriate Government would amount to

such other authority clutching at the jurisdiction of the

designated authority and such action is a nullity in the eye

80

of law. It is trite that if a statute vests the jurisdiction in

an authority, only such authority can exercise the power

and not by any other.

18. S.5 of the Act having vested the power in the

appropriate Government to fix / revise the minimum rates

of wages in the scheduled employments, in the present

cases, has not been exercised by the statutory authority.

Hence, the issuance and publication of the Notifications,

impugned in these petitions, are invalid and ultra vires the

provisions of the Act.

19. In the case of COMMISSIONER OF POLICE,

BOMBAY Vs. GORDHANDAS BHANJI reported in AIR 1952 SC

16, where the Commissioner of Police had at the behest of

the State Government cancelled the permission granted for

construction of a cinema in Greater Bombay, the order

passed by the Commissioner was quashed on the ground

that the authority concerned had vested the power to

cancel in the Commissioner alone who was bound to

81

exercise the same himself and bring to bear on the matter

his own independent and unfettered Judgment.

20. There being no dispute that sub-section (2) of

S.5 of the Act is mandatory and that there being violation,

in that, the decision to revise / fix the minimum rates of

wages having not been arrived at by the appropriate

Government, the act of issuance and publication of the

Notifications dated 30.07.2015 and 03.08.2015, impugned

in these petitions, are ultra vires of the provisions of the

Act.

21. Before concluding, it is appropriate to observe,

that on account of the glaring lapse on the part of the

officials and officers concerned in the Labour Department,

interest of thousands of sweated employees is getting

affected. The process of revision itself having been

undertaken beyond the period stipulated in S.3 of the Act,

there will be further delay in the matter of revision of the

minimum rates of wages to the sweated labour only

because of the legal flaw noticed supra, which is clearly on

82

account of the carelessness / negligence in not placing the

files before the Minister concerned for consideration and

decision. The glaring lapse on the part of the officers /

officials of the Labour Department in the Secretariat has

resulted in further delay of the revision and fixation of

minimum rates of wages of the sweated employees. The

gravity of the lapse disclosed in these cases is such as

would call for an immediate inquiry by Chief Secretary,

Government of Karnataka and imposition of appropriate

penalty on all the delinquent officials / officers.

In the result, these petitions are allowed and the

impugned Notifications dated 30.07.2015 and 03.08.2015

fixing / revising the minimum rates of wages of the

scheduled employments of the industries to which the

petitioners belong are quashed, with the following

directions:

(i) The Government shall consider the Advisory

Committee’s report and revise / fix the minimum rates of

wages with expedition and in any event, before

83

30.11.2016 and publish the Notification on or before that

date, in the interest of thousands of workmen whose day-

to-day necessities of life has been kept in view by the

Parliament while enacting the Minimum Wages Act, 1948.

(ii) Till such time, the petitioners in all these cases

shall continue to pay 75% of the wages to their respective

employees in the scheduled employments, subject to the

adjustment against the wages to be revised / fixed under

fresh Notification by the Government.

(iii) There being glaring lapse and gross dereliction

of duty on the part of the officials / officers of the Labour

Department in the Secretariat, the Chief Secretary to the

Government shall conduct an inquiry, and appropriately

penalise the officials / officers concerned. The action taken

shall be reported to this Court on or before 31.12.2016.

Parties to bear their respective costs.

Sd/-

JUDGE sac*

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