Karnataka High Court
The Chief General Manager vs The Deputy Labour Commissioner on 5 April, 2024
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WP No. 9050 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 9050 OF 2023 (L-PW)
BETWEEN:
THE CHIEF GENERAL MANAGER,
BHARAT SANCHAR NIGAM LIMITED,
NO.1, S.V. ROAD, HALASURU,
BENGALURU - 560 008.
KARNATAKA,
REP. BY AGM (LEGAL)
BSNL - BGTD.
...PETITIONER
(BY SRI. Y HARIPRASAD., ADVOCATE)
AND:
1. THE DEPUTY LABOUR COMMISSIONER,
& AUTHORITY UNDER PAYMENT OF
WAGES ACT, REGION-2,
Digitally signed by KARMIKA BHAVAN,
MAHALAKSHMI B M BANNERUGHATTA ROAD,
Location: HIGH NEAR DAILY CIRCLE,
COURT OF
KARNATAKA BENGALURU - 560 029.
2. SRI GANGADHARAIAH B.S.,
S/O. SIDDAIAH,
AGED ABOUT 53 YEARS,
RESIDING AT:
132, BASAVANA MATHIKERE ASALI,
KUNIGAL TALUK, ARAKERE,
TUMAKURU - 572 130.
3. SRI. BABU R.S.
S/O. SUNDER,
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AGED ABOUT 39 YEARS,
R/AT 17, MUNINAGAPPA LAYOUT,
R. T. NAGAR,
4. SRI CHANDRA SHEKAR N.,
S/O. NARAYANA SWAMY,
AGED ABOUT 42 YEARS,
R/AT 1525, MUNIACHARI BLOCK,
RT NAGAR POST,
BENGALURU - 560 032.
5. SRI PALANI K.,
S/O. KUPPASWAMY,
AGED ABOUT 47 YEARS,
R/AT 206, 4TH MAIN ROAD,
BHUVANESHWARINAGAR,
MANORAYANAPALYA,
BENGALURU - 560 032.
6. SRI. RAMDAS C.,
S/O CHINNAPPAN,
AGED ABOUT 52 YEARS,
R/AT 50, SHADABNAGAR MAIN RD,
DEVARAJIVANAHALLI,
BENGALURU - 560 045.
7. SRI SHIVALINGIAH,
S/O. GONAIAH,
AGED ABOUT 52 YEARS,
R/AT 20, 1ST MAIN, 2ND CROSS,
KAMALANAGAR BASAVANNE TEMPLE,
BENGALURU - 560 079.
8. SRI LINGARAJU S.E.,
S/O. BATTASWAMY,
AGED ABOUT 41 YEARS,
R/AT: 1, SHANKARPURA COLONY,
SANKENAPURA, AMRUTHUR,
KUNIGAL TALUK,
9. SRI JAYANNA,
S/O. ERAPPA,
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AGED ABOUT 36 YEARS,
R/AT KANAKAPURA POST,
HANDANAKERE HOBLI,
DEVANADA HOSAHALLI,
TUMAKURU - 572 119.
10. SRI VIJAY KUMAR,
SO. NATARAJAN P.K.,
AGED ABOUTT 40 YEARS,
R/AT: 2137, K.H.B. MAIN ROAD,
BEHIND M.M. MEDICALS,
KAVERINAGAR,
BENGALURU - 560 032.
11. SRI SOMASHEKAR,
S/O. MUNIYAPPA,
AGED ABOUT 39 YEARS,
R/AT: 18, RAGHUVANAHALLI,
MANDUR POST,
BENGALURU EAST - 560 049.
TO THIS WRIT PETITION.
12. SRI GOVINDARAJU,
S/O. MUNIYAPPA,
AGED ABOUT 44 YEARS,
R/AT 109, 10TH MAIN, 7TH CROSS,
H.B.R. LAYOUT, HENNUR CROSS,
KALYAN NAGAR POST,
BENGALURU - 560 043.
13. SRI. RAMAKRISHNA H.,
S/O. HANUMANTHAPPA,
AGED ABOUT 36 YEARS,
R/AT 1/1, 21, 1ST MAIN,
VERAPALLI,
ANANTHPURA - 515 261.
14. SRI LALBAHADUR THAPPA,
S/O NARABHADUR,
AGED ABOUT 40 YEARS,
R/AT 16, 8TH CROSS,
KANAKANAGAR, RT NAGAR,
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BENGALURU - 560 032.
15. SRI KAMAL RAJ,
S/O. JAYRAJ,
AGED ABOUT 39 YEARS,
R/AT G.7/1. P AND T QUARTERS,
KAVALBYRASANDRA, RT NAGAR,
BENGALURU - 560 032.
16. SRI MICHAEL,
S/O KAUSAL YARAMAN,
AGED ABOUT 36 YEARS,
R/AT E2, 5TH CROSS,
SWATHANTHRANAGAR,
CHIKKABASAVANAPURA, KR PURA,
BENGALURU - 560 049.
17. SRI. GOPALAKRSIHNA M.V.,
S/O. VENKATARAMANAPPA,
AGED ABOUT 40 YEARS,
R/AT 29, 1ST B MAIN,
VENKATEGOWDA LAYOUT,
KEMPEPURA, H.A. FARM POST,
BENGALURU - 560 024.
18. SRI SANNAMADA SHETTY,
S/O. CHINNA SHETTY,
AGED ABOUT 48 YEARS,
R/AT 84, 3RD CROSS,
JAVAGANAHALLI VILLAGE,
BG PURA HOBLI, MALAVALLI TALUK,
MANDYA - 571 417.
19. SRI DUGGAIAH,
S/O. VENKATESH,
R/AT 348, M.R.S. PALYA,
NANDHIDURGA ROAD,
BENGALURU - 560 046.
20. SRI MAHESHA,
SO. NINGAIAH,
AGED ABOUT 35 YEARS,
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R/AT KOPPA,
KUNIGAL RURAL,
TUMAKURU - 572 142.
21. SRI PUTTARAJU R.C.,
S/O. CHIKKA THIMMAIAH,
AGED ABOUT 46 YEARS,
R/AT 8, 1ST MAIN, 4TH CROSS,
KEMPEGOWDA NAGAR,
VIHWANEEDAM POST,
BENGALURU - 560 091.
22. SRI ROOPESH
SO. K. BHASKAR,
AGED ABOUT 32 YEARS,
R/AT 1254, 2ND CROSS,
NANJAMMA LAYOUT, 7TH CROSS,
ATHMANANDHA COLONY, RT NAGAR,
BENGALURU - 560 032.
23. SRI CHIKKAIAH,
S/O. CHIKKANNA,
AGED ABOUT 59 YEARS,
R/AT 1ST MAIN, ULLAL UPANAGARA,
AMBEDKAR NAGAR,
BENGALURU - 560 056.
24. SRI THANGAMANI S.,
S/O. SAMPATH,
AGED ABOUT 48 YEARS,
R/AT 32-A, INDIRA GANDHI ST.,
2ND MAIN, UDAYANAGAR,
BENGALURU-560 016.
25. SRI SANJIVAIAH,
S/O. CHIKKASANNAIAH,
AGED ABOUT 39 YEARS,
R/AT NO 163, 3RD CROSS,
KEBBEHALLA, VISHWANEEDAM,
BENGALURU- 560 091.
26. SRI KUPPARAJU M.,
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S/O MURUGESHAN,
AGED ABOUT 39 YEARS,
R/AT 102, MAIN ROAD,
ASWATHNAGAR, SANJAYNAGAR,
BENGALURU - 560 094.
27. SRI JUBALAPPA,
S/O. THAYAPPA,
AGED ABOUT 40 YEARS,
R/AT: 5, 1ST MAIN ROAD,
2ND CROSS, K.G. COLONY,
GANGANAGAR, R.T. NAGAR,
BENGALURU - 560 032.
28. SRI BHASKAR,
S/O. KRISHNAN,
AGED ABOUT 40 YEARS,
R/AT: 13/13, 10TH CROSS,
BALAJI LAYOUT, BHADRAPPA LAYOUT,
BENGALURU - 560 094.
29. SRI MADHUKUMAR G.N.,
S/O. NINGAPPA,
AGED ABOUT 35 YEARS,
R/AT: 26, DOWN GOLLARATTI,
KADUR TALUK, S. BIDRE,
CHIKKAMAGALAURU - 577 146.
30. SRI K.K. RAJU,
S/O. KEMPARASAYA,
AGED ABOUT 52 YEARS,
R/AT: 75/1, KAMALA NAGAR,
CHANDRA NAGAR,
BASAVESHWARANAGAR,
BENGALURU - 560 079.
31. SRI RAVIKUMAR C.S.,
S/O. SHIVANNA,
AGED ABOUT 42 YEARS,
R/AT: 20/3, NEAR 'F' BUS STAND,
ABBIGERE, CHIKKABANAVARA,
BENGALURU - 560 090
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32. SRI N. THANAGAVELU,
S/O. NARASAN,
AGED ABOUT 52 YEARS,
R/AT: 27, RAJABIDHI 3RD BLOCK,
DODDABOMMASANDRA,
VIDYARANYAPURA,
BENGALURU-560 091.
33. SRI SRINIVASA,
S/O. RAJANNA,
AGED ABOUT 50 YEARS,
R/AT: 46, KONDASHETTY HALLI,
GUNIAGRAHARA, SHIVKOTE,
BENGALURU - 560 089.
34. SRI SIDDARAJU,
S/O. SIDDEGOWDA,
AGED ABOUT 45 YEARS,
R/AT: G-7, MR QUARTERS,
SANJAYNAGAR,
BENGALURU - 560 094.
35. SRI PRAKASH R.D.,
S/O. R. RAMU,
AGED ABOUT 21 YEARS,
R/AT: 694, 1ST FLOOR, 1ST MAIN,
MUNIRAJAIAH BLDG. MATHIKERE,
BENGALURU - 560 054.
36. SRI SAMPATH G.,
S/O GOPAL,
AGED ABOUT 40 YEARS,
R/AT: 111, 19TH CROSS,
NEW BAGALUR LAYOUT,
ST. THOMAS TOWN,
BENGALURU - 560 084.
37. SRI PENCHALINGAIAH,
S/O. NANJAPPA,
AGED ABOUT 50 YEARS,
ATTINGERE POST, MAGADI TALUK,
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RAMANAGARA,
BENGALURU - 561 201.
38. SRI RANGANATH,
S/O. PUTTARANGAIAH,
AGED ABOUT 40 YEARS,
R/AT 838, 4TH CROSS,
SANJAYNAGAR BUS STOP,
KAMALANAGAR,
BENGALURU - 560 097.
39. SRI SRINIVASAN,
S/O CHITTIRAI,
AGED ABOUT 53 YEARS,
R/AT 31, 4TH CROSS,
VIDYARANYAPURA,
BENGALURU - 560 097.
40. SMT. JYOTHI P.,
W/O PERUMAL,
AGED ABOUT 44 YEARS,
R/AT 27/A, MARUTHI LAYOUT,
DODDABETTAHALLI
VIDYARANYAPURA,
BENGALURU-560 097.
41. SRI SHIVAKUMAR,
S/O. GIRIAPPA,
AGED ABOUT 52 YEARS,
R/AT 52, KEREGUDDADALLI,
BENGALURU - 560 090.
42. SRI ANTHONY S.,
S/O. SELVA NAIR,
AGED ABOUT 55 YEARS,
R/AT: 11/05, VINAYAKA STREET,
1ST CROSS, VENAKTESHPURA,
BENGALURU - 560 045.
SL. NO. 03 TO 42 -REP BY
RESPONDENT NO.2 WHO IS
AUTHORIZED TO REPRESENT BEFORE THE 1ST
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RESPONDENT BY
AUTHORIZING AS PER ANNEXURE-A
TO THIS WRIT PETITION.
43. M/S. SHARP WATCH INVESTIGATION,
SECURITY SERVICES (SWISS) P.LTD,
H.O. 17/2, 1ST FLOOR, 5TH MAIN,
8TH CROSS, KAMAKSHI HOSPITAL RD
SARASWATHIPURAM,
MYSURU - 570 009.
REP BY ITS NAGARAJU PROPARATOR CONCERN.
44. M/S. GEMINI SECURITY & ALLIED SERVICES,
DOOR NO.2345/19:
SRI MOOKAMBIKA NILAYA,
5TH CROSS, NITTUVALLI NEW EXTN.
HKR CIRCLE,
DAVANGERE - 577 002.
REP BY ITS RAJASHEKAR PROPARATOR CONCERN.
...RESPONDENTS
(BY SRI. BOPANNA B., AGA FOR R1,
SMT. MAITREYI KRISHANAN, ADVOCATE FOR R2 TO R42,
SMT. D.J RAKSHITHA, ADVOCATE FOR R43,
R44 SERVED REMAINED UNREPRESENTED.)
THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 07.03.2023 AT ANNEXURE-S AND CONSEQUENTLY
ENTIRE PROCEEDINGS ON THE FILE OF THE R1 IN PWA-CR NO.
93/2021 AND DIRECT THE RESPONDENTS 02 TO 42 TO
APPROACH THE CENTRAL GOVERNMENT LABOUR AUTHORITY
FOR THEIR REDRESSAL AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
The petitioner-BSNL is before this Court assailing the order dated 07.03.2023 at Annexure-S, whereby, respondent No.1 held that the point of jurisdiction would be decided at the time of final disposal.
2. Respondent Nos.2 to 42 filed a petition under Section 15 of the Payment of Wages Act, 1936 (for short 'Wages Act') before the respondent No.1. The petitioner- BSNL filed objection to the said application and raised the question of jurisdiction stating that under Section 24 of the Wages Act, in relation to the petitioner company, it is the Central Government and the Central Government authorities alone a competent authority to decide the matter. Respondent Nos.2 to 42 filed objection to the said application.
3. Respondent No.21 by the order dated 07.03.2023 without considering the application filed by the petitioner regarding maintainability/jurisdiction, decided
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4. The respondent No.1 who is exercising the jurisdiction ought to have considered the application filed by the petitioner under Section 24 of the Act.
5. In the peculiar facts and circumstances of the instant case, without adverting to the merits and demerits of the case, this Court deems it appropriate to direct respondent No.1 to consider the application filed by the petitioner under Section 24 of the Wages Act, raising jurisdiction and pass appropriate order in accordance with law. Accordingly, the order dated 07.03.2023 is quashed.
6. Respondent No.1 to consider the application regarding jurisdiction filed by the petitioner under Section 24 of the Act on the next date of hearing i.e., 19.04.2024 and pass appropriate orders in accordance with law.
Sd/-
JUDGE AT/List No.: 1 Sl No.: 26