Karnataka High Court
M/S. Bharath Beedi Works vs Karnataka Pradesh Bharatiya Mazdoor ... on 19 September, 2023
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2023:KHC:33827
WP No. 27186 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO. 27186 OF 2017 (L-MW)
BETWEEN:
M/S. BHARATH BEEDI WORKS PVT. LTD.,
KADRI ROAD, MANGALROE-575 005
REP. BY ITS AUTHORISED SIGNATORY
SRI B.SATISH PAI.
...PETITIONER
(BY SRI.UDAYA HOLLA, SENIOR ADVOCATE A/W
SRI NAMAN JHABAKH, ADVOCATE FOR
SMT.MAYA HOLLA., ADVOCATE)
AND:
1. KARNATAKA PRADESH BHARATIYA
MAZDOOR SANGH,
REP. BY ITS PRESIDENT
SRI K.VEISHWANATH SHETTY
C/O BMS OFFICE,
Digitally signed by
THEJASKUMAR N S.C. ROAD, BANGALORE - 560 009.
Location: HIGH
COURT OF
KARNATAKA 2. SMT. VISHALAKSHI,
MAJOR,
W/O SUDHAKAR KOTIAN
RADHA KRIPA, PALIMAR,
POST HEJAMADI,
UDUPI DISTRICT - 574 103.
VIDE ORDER DATED:24.09.2019 PETITION
STANDS DISMISSED AGAINST R1 & R2
3. GOVERNMENT OF KARNATAKA,
REP. BY ITS LABOUR SECRETARY,
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NC: 2023:KHC:33827
WP No. 27186 of 2017
VIKASA SOUDHA,
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI.T.P.MALIPATIL., AGA FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Sri. Udaya Holla. learned Senior counsel on behalf of Smt. Maya Holla., for the petitioner, and Sri.T.P. Malipatil., learned AGA for respondent No.3 have appeared in person.
2. The Notification dated 02.01.2017 vide Annexure-D is called into question in this Writ Petition on several grounds as set out in the Memorandum of Writ Petition.
3. Learned counsel for the petitioner and respondent No.3 have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the Writ papers with utmost care.
4. Sri. Udaya Holla. learned Senior counsel submits that the authorized representative of the petitioner has filed an affidavit and the same may be placed on record. -3-
NC: 2023:KHC:33827 WP No. 27186 of 2017 Submission is noted. The sworn statement of the authorized representative of the petitioner is placed on record.
5. Suffice it to note that, in the year 2015, the Government of Karnataka with an intention to save the perishing Beedi industry and to control the cost of the Beedi production issued a Notification dated:08.04.2015 exempting payment of Variable Dearness Allowance (VDA) for every point over and above Rs.5,780/- (Rupees Five Thousand Seven Hundred and Eighty only) consumer price index in the year 2015-16 for all categories of workers involved in the beedi industry.
Karnataka Pradesh Bhartiya Mazdoor Sangh and one Smt.Vishalakshi (respondents 1 & 2) challenged the Notification dated 08.04.2015 before this Court in Writ Petition No.46034- 46035/2015. This Court quashed the Notification. Subsequently, the State Government withdrew the Notification dated:08.04.2015 by the issuance of one more Notification dated:02.01.2017 (Annexure-D).
It is pivotal to note that the order of the learned single Judge (quashing the Notification) was challenged before the Division Bench in Writ Appeal No.4197/2017 and -4- NC: 2023:KHC:33827 WP No. 27186 of 2017 W.A.No.4200/2017. During the pendency of the appeal, there was an order of status-quo. In the appeal, respondents 2 and 3 (petitioners in the Writ Petition) filed an application for withdrawal of the Writ Petition. Taking note of the application, the Division Bench disposed of the Writ Appeal. Therefore, as of today, the Notification issued by the Government on 08.04.2015 stands. Furthermore, the Government had a Notification dated 02.01.2017 pursuant to the order passed by this Court in the Writ Petition. In view of the withdrawal of the Writ Petition, the Notification dated 02.01.2017 is liable to be quashed and accordingly, it is quashed.
The Writ of Certiorari is ordered. The Notification bearing No.PÁE/129/J¯ïqÀ§ÆèöåJ/2014 dated:02.01.2017 vide Annexure-D is quashed.
6. Resultantly, the Writ Petition is allowed.
Sd/-
JUDGE MRP List No.: 2 Sl No.: 4