Karnataka High Court
Akshara Motors Pvt Ltd vs The Secretary on 28 October, 2016
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopala Gowda
1
®
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2016
BEFORE
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
AGED ABOUT 41 YEARS
BENGALURU CITY.
11. ARYAN AUTO AGENCIES PVT. LTD.,
NO.23, THIMMAIAH ARCADE
HAL AIRPORT ROAD, DOMLUR
BANGALORE - 560071
4
REPRESENTED BY ITS MANAGING DIRECTOR
A. ASHWIN
AGED ABOUT 51 YEARS
BENGALURU CITY.
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
AGED ABOUT 51 YEARS
BENGALURU CITY.
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
AGED ABOUT 56 YEARS
BENGALURU CITY.
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
AGED ABOUT 51 YEARS
BENGALURU CITY.
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
AGED ABOUT 47 YEARS
BENGALURU CITY.
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
AGED ABOUT 56 YEARS
BENGALURU CITY.
27. KARNATAKA AGENCIES
NH 66, KOTTARA CHOWKI,
MANGALORE-575 006
REPRESENTED BY ITS MANAGING PARTNER
R.C. ROADIGAS
AGED ABOUT 58 YEARS
MANGALURU.
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
AGED ABOUT 57 YEARS
BENGALURU CITY.
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.
AGED ABOUT 52 YEARS
BENGALURU CITY.
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
AGED ABOUT 43 YEARS
BENGALURU CITY.
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
AGED ABOUT 41 YEARS
MANGALURU.
36. PAI SALES PVT LTD.,
MANGALADEVI TEMPLE ROAD,
PANDESHWAR,
MANGALORE-575 001
9
REPRESETNED BY MANAGING DIRECTOR
T. GANAPATHI PAI
AGED ABOUT 43 YEARS
MANGALURU.
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.,
AGED ABOUT 47 YEARS
BENGALURU CITY.
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
AGED ABOUT 42 YEARS
BENGALURU CITY.
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
AGED ABOUT 53 YEARS
BENGALURU CITY.
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
AGED ABOUT 43 YEARS
MANGALURU.
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
AGED ABOUT 55 YEARS
DHARWAD.
63. BELLAD ENGINEERS PVT. LTD.,
"BELLAD CHAMBER III" UNKAL CROSS,
HUBLI - 580 031.
REPRESENTED BY ITS DIRECTOR
MAHESH BELLAGI
AGED ABOUT 55 YEARS
DHARWAD.
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
AGED ABOUT 53 YEARS.
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
AGED ABOUT 49 YEARS
DHARWAD.
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
AGED ABOUT 37 YEARS
DHARWAD.
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
AGED ABOUT 37 YEARS
DHARWAD.
78. NAGASHANTHI CARS PVT. LTD.,
PLOT NO.16, KHANAPUR ROAD,
UDYAMBAG,
BELGAUM-590 008
REPRESENTED BY ITS DIRECTOR
PRAVEEN GUDI
AGED ABOUT 37 YEARS
BELAGAVI.
79. PATSON AGENCIES
NO.3951/2, P B ROAD,
BELGAUM-590003
REPRESENTED BY ITS PARTNER
HARSHA P. PATIL
AGED ABOUT 49 YEARS
BELAGAVI.
80. PATSON MOTORS PVT LTD.,
NO.3951/2, P B ROAD,
BELGAUM-590003
REPRESENTED BY ITS DIRECTOR
HARSHA P.PATIL
18
AGED ABOUT 49 YEARS
BELAGAVI.
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
AGED ABOUT 54 YEARS
DHARWAD.
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.)
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.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
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 & 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)
JYOTHI BASU BHAVANA
WEST ANJANEYA TEMPLE STREET
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
REP. BY ITS PRESIDENT
SHRI S. BALAKRISHNAN.
... RESPONDENTS
(BY SRI D. ASWATHAPPA, AGA FOR R1 & R2;
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.
8. KARNATAKA ESTATE LABOUR UNION
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.
... RESPONDENTS
(BY SRI D. ASWATHAPPA, AGA FOR R1 & R2;
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
AND:
1. STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY
LABOUR DEPARTMENT
M.S. BUILDING
BANGALORE-560 001.
2. THE LABOUR COMMISSIONER
GOVERNMENT OF KARNATAKA
KARMIKA BHAVAN
BANNERGHATTA ROAD
BANGALORE-560 029.
3. 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.
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.
2. THE LABOUR COMMISSIONER
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.
4. 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.
R4 IS IMPLEADED VIDE ORDER
DATED 06.06.2016.
... RESPONDENTS
(BY SRI D. ASWATHAPPA, AGA FOR R1 & R2;
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.)
AND:
1. THE SECRETARY
LABOUR DEPARTMENT,
36
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,
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,
37
CHIKMAGALUR DISTRICT - 577 101.
REPRESENTED BY ITS PRESIDENT.
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 VIDE COURT ORDER
DATED 06.06.2016.
... 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)
W.P.Nos.11109-11110/2016 ARE FILED UNDER ARTICLE
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
AGED ABOUT 36 YEARS.
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
AGED ABOUT 67 YEARS.
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
AGED ABOUT 42 YEARS.
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
AGED ABOUT 47 YEARS.
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:
1. THE SECRETARY
LABOUR DEPARTMENT,
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.
4. BHARATIYA MAZADOR SANGHA
NO.458, OTC ROAD,
COTTONPET,
BENGALURU-560 053.
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,
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
TRADE UNIONS (AICCTU)
NO.18, RIYAZ BUILDING,
BASAVANAGAR MAIN ROAD,
HOODI, M.D. PURA,
43
BANGALORE - 560 048
REP. BY ITS PRESIDENT
SHRI S. BALAKRISHNAN.
R9 AMENDED VIDE COURT ORDER
DATED 06.06.2016.
... 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)
W.P.Nos.12837-12855/2016 ARE 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 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,
AGED ABOUT 70 YEARS.
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,
AGED ABOUT 45 YEARS.
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.)
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,
46
BENGALURU-560 027,
REPRESENTED BY GENERAL SECRETARY.
6. GARMENTS & TEXTILE WORKERS UNION
NO.17/1, 1ST FLOOR,
HOSAGUDDADAHALLI BUS STOP,
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.
8. KARNATAKA ESTATE LABOUR UNION
JAYAPURA, KOPPA TALUK,
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)
W.P.Nos.13207-13213/2016 ARE 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 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
(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.
5. CITU
NO.40/5, 2ND B MAIN ROAD,
16TH CROSS, SAMPANGIRAM NAGAR,
48
BENGALURU-560 027,
REPRESENTED BY GENERAL SECRETARY.
6. GARMENTS & TEXTILE WORKERS UNION
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
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 VIDE COURT ORDER
DATED 06.06.2016.
... 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
RECORDS LEADING TO ISSUANCE OF NOTIFICATION DATED
03.08.2015 ISSUED BY 1ST RESPONDENT IN SO FAR AS THE
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
(BY SRI S.S. NAGANAND, SENIOR ADV. FOR
SRI B.C.PRABHAKAR, ADV.)
AND:
1. THE SECRETARY
LABOUR DEPARTMENT,
GOVERNMENT OF KARNATAKA,
50
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.
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,
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.
51
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 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,
AGED ABOUT 51 YEARS.
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,
AGED ABOUT 56 YEARS.
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,
AGED ABOUT 55 YEARS.
... PETITIONERS
(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 (CENTRE OF INDIA TRADE UNION)
NO.40/5, 2ND B MAIN ROAD,
16TH CROSS, SAMPANGIRAM NAGAR,
54
BENGALURU-560 027,
REPRESENTED BY GENERAL SECRETARY.
6. GARMENTS & TEXTILE WORKERS UNION
NO.17/1, 1ST FLOOR,
HOSAGUDDADAHALLI BUS STOP,
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.
8. KARNATAKA ESTATE LABOUR UNION
JAYAPURA, KOPPA TALUK,
CHIKMAGALUR DISTRICT - 577 101
REPRESENTED BY ITS SECRETARY.
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 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)
55
W.P.Nos.15120-15126/2016 ARE 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 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
AGED ABOUT 52 YEARS.
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
AGED ABOUT 59 YEARS.
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
AGED ABOUT 42 YEARS.
11. GLOW CAST
PLOT NO.76 & 104
MACHHE INDUSTRIAL ESTATE
BELGAUM - 590014
REPRESENTED BY ITS PROPRIETOR
SMT. A.G. MALIYE
AGED ABOUT 41 YEARS.
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
AGED ABOUT 61 YEARS.
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
AGED ABOUT 31 YEARS.
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
AGED ABOUT 75 YEARS.
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
AGED ABOUT 44 YEARS.
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
AGED ABOUT 64 YEARS.
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
AGED ABOUT 42 YEARS.
32. TECHNOSYSTEMS
C-2, GOVT. INDL. ESTATE,
UDAYAMBAG,
BELGAUM - 590 008,
REPRESENTED BY ITS PARTNER
SRI PRADEEP M. KULKARNI
AGED ABOUT 57 YEARS.
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
AGED ABOUT 53 YEARS.
36. ATUNI STEEL CAST
PLOT NO.50, MACHHE INDL. ESTATE,
MACHHE, BELGAUM - 590 014
62
REPRESENTED BY ITS PROPRIETOR
SRI SANCHIT A. KITTUR
AGED ABOUT 37 YEARS.
37. SOUTHERN FERRO STEELS LTD.,
172, DHARWAD GROWTH CENTRE,
BELUR INDUSTRIAL AREA
DHARWAD-580 011
REPRESENTED BY ITS DIRECTOR
SRI SHIVANAND NAYAK
AGED ABOUT 48 YEARS.
38. M/s. VICTOR ENTERPRISES
M/N 16M, INDUSTRIAL ESTATE,
UDAYAMBAG,
BELGAUM - 590 008
REPRESENTED BY ITS PARTNER
SRI ADITYA S. PARIKH
AGED ABOUT 29 YEARS.
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
AGED ABOUT 44 YEARS.
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
(BY SRI S.S. NAGANAND, SENIOR ADV. FOR
SRI B.C.PRABHAKAR, ADV.)
63
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.
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,
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.
64
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)
W.P.Nos.15974-16013/2016 ARE 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 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)
JYOTHI BASU BHAVANA
WEST ANJANEYA TEMPLE STREET
BASAVANAGUDI
BANGALORE - 560 004.
5. THE PRESIDENT
BHARATIYA MAZDOOR SANGHA
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)
W.P.Nos.20312-20313/2016 ARE FILED UNDER ARTICLE
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,
AGED ABOUT 45 YEARS.
2. SRI LAXMI SOLVENTS
NO.167, BELUR INDL. AREA,
DHARWAD-580 011,
REPRESENTED BY ITS MANAGING DIRECTOR
Mr. K.SURESH BABU,
AGED ABOUT 45 YEARS.
... PETITIONERS
(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,
67
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.
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,
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.
... 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
W.P.Nos.20931-20932/2016 ARE 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 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)
JYOTHI BASU BHAVANA
WEST ANJANEYA TEMPLE STREET
BASAVANAGUDI
BANGALORE - 560 004.
5. THE PRESIDENT
BHARATIYA MAZDOOR SANGHA
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*