Karnataka High Court
Mr. R. Veeramani vs The Controlling Authority Under The ... on 2 August, 2024
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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WP No. 104591 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 2ND DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
WRIT PETITION NO.104591 OF 2024(L-PW)
BETWEEN:
1. MR. R. VEERAMANI,
CHAIRMAN.
2. MR R. SEKAR,
S/O. S.P. RANGASWAMY.
3. MR S.R. KUMAR,
S/O. RANGASWAMY.
4. MR S.R. ASAITHAMBI,
S/O. S.P. RANGASWAMY.
HAVING THEIR OFFICE AT:
M/S GEM GRANITES,
NO. 78, CATHEDRAL ROAD,
CHENNAI - 600 086.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI REPRESENTED BY ITS:
Location: High
Court of Karnataka GENERAL MANAGER
MR A. MADHU
...PETITIONERS
(BY SRI K.R.ANAND, ADVOCATE FOR
SRI MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
AND:
1. THE CONTROLLING AUTHORITY UNDER
THE PAYMENT OF WAGES ACT, 1936
AND THE REGIONAL LABOUR COMMISSIONER
(CENTRAL) MINISTRY OF LABOUR AND EMPLOYMENT
GOVERNMENT OF INDIA, NO.101, BUDA COMPLEX,
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WP No. 104591 of 2024
OPP. MOTHI TALKIES, BALLARI - 583 101.
2. MR. ANANDGOUDA S/O. BASANAGOUDA PATIL,
OCCUPATION: MAZDOOR,
NO. 1218/3, NEAR LINGIDAKATTE,
WARD NO. 3, HUNGUND - 587 118,
BAGALKOTE DISTRICT.
3. MR. SANGAPPA S/O. BASAPPA APAROJI,
OCCUPTAION:OPERATOR, R/AT:ILKALTALUK ,
BALAKUNDI VILLAGE - 587 125,
BAGALKOTE DISTRICT.
4. MR. SHARANAPPA S/O. IRAPPA GUNDASAGAR,
OCC: UNSKILLED SUPERVISOR,
YERDHIHAL (BIG) VILLAGE, AMADHIHAL POST
LINGSUR TALUK - 584 125, RAICHUR DISTRICT.
5. MR. RUDRAPPA
S/O. GANGAPPA VANAGERI,
OCC: ASSISTANT CLERK, R/O WARD NO. 2,
LAKSHMIPET, NEAR JAM BHAVAN, ILAKAL TALUK
BAGALKOTE DISTRICT.
6. MR DYAMAPPA S/O. HANAMAPPA HOSAKERI,
OCC: TAMROCK OPERATOR,
R/O: WARD NO. 6 , NEAR
BANASHANKARI TEMPLE,
KOPPARAD PET ILKAL,
ILKAL TALUK - 587 125,
BAGALKOTE DISTRICT.
7. MR. BALACHANDRA
S/O. GOVINDAPPA KANDAKUR, OCC: OPERATOR,
R/O: LAXMI NAGAR, WARD NO. 7,
ILKAL - 587 125, ILKAL TALUK,
BAGALKOTE DISTRICT.
8. MR BASAVARAJ KAMATAR
S/O. AMARAPPA KAMATAR,
OCC: MAZDOOR, R/O: AT GOTAGI VILLAGE - 583 278,
TALUK KUSHTAGI, KOPPAL DISTRICT.
SINCE DECEASED REPRESENTED BY HIS LEGAL
REPRESENTATIVES
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8A. MRS RENUKA BASAVARAJ KAMATAR,
W/O. LATE BASAVARAJ KAMATAR,
AGED ABOUT 50 YEARS.
8B. MR AMARESH BASAVARAJ KAMATAR,
S/O. LATE BASAVARAJ KAMATAR,
AGED ABOUT 38 YEARS.
8C. MS ANNAPURANA BASAVARAJ KAMATAR,
D/O. LATE BASAVARAJ KAMATAR,
AGED ABOUT 32 YEARS.
09. MR GURAPPA S/O. MANAPPA BADIGER,
OCC: HELPER, R/O: AT CHIKKA OTAGERI VILLAGE,
HIREOTAGERT POST - 587 154,
ILKAL TALUK, BAGALKOTE DISTRICT.
10. MR MAHANTAPPA S/O. SANGAPPA TEGGINMANI,
OCC: MAZDOOR, R/O: AT WARD NO 1,
HULGERA 583 281,
KUSTAGI TALUK, KOPPAL DISTRICT.
11. MR SHASHIKUMAR S/O. KRISHNAH KAMBLE,
OCC: WELDER, R/O: AT WARD NO. 3,
KEB COLONY, VIDYA NAGAR, LIKAI - 5871 725,
FALUK TIKAL, BAGALKOTE DISTRICT.
12. MR GURULINGAPPA S/O. SANGAPPA SINGADE,
OCC: ASSISTANT MECHANIC,
R/O: AT NO.194, CHAVAN PLOT WARD NO. 3
ILKAL RURAL, ILKAL - 587 125,
BAGALKOTE DISTRICT.
13. MR GURUBASAYYA S/O. BASSAYYA VIRAKTAMATH,
OCC: DRIVER, R/O: AT NO.616 KANDGAL ROAD,
ALAMPUR PET WARD NO. 7,
NEAR DARGA, ILKAL - 587 125,
ILKAL TALUK, BAGALKOTE DISTRICT.
14. MR NAGARAJ S/O. HANAMANTHAPPA KIRAGI,
OCC: MAZDOOR, R/AT: NEAR NARAYANA TALKIES
WARD NO. 3, ILKAL - 587 125,
ILKAL TALUK, BAGALKOTE DISTRICT.
15. MR BASANGOUDA S/O. AYYANGOUDA PATIL,
OCC: DRIVER, R/O: AT HIREOTAGERI - 587 154,
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ILKAL TALUK, BAGALKOTE DISTRICT.
16. MR PRABHAKARGOUDA
S/O. MAHANTGOUDA GOUDAR,
OCC: MAZDOOR, R/O: AT HIREOTAGERI - 587 154,
ILKAL TALUK, BAGALKOTE DISTRICT.
17. MR SANGAYYA S/O. GURUSANGAYYA NAGAYYANAVAR,
OCC: ASSISTANT MECHANIC, R/AT: WARD NO, 7
LAXMINAGAR, ILKAL - 587 125,
ILKAL TALUK, BAGALKOTEE DISTRICT.
18. MR MALLAPPA S/O. SHARANAPPA HULAGERI,
OCC: DRIVER, R/O: AT WARD NO. 4,
GOULER GUDI NAVANAGAR, ILKAL - 587 125,
ILKAL TALUK, BAGALKOTE DISTRICT.
19. MR SANGAPPA S/O. MAHANTAPPA KARALI,
OCC: EXCAVATOR OPERATOR,
R/O: AT GOTAGI VILLAGE - 583 278,
KUSTAGI TALUK, KOPPAL DISTRICT.
20. MR DODDAPPA S/O. LOKAPPA MADIKESHWAR,
OCC: DRIVER, R/O: AT WARD NO. 2,
HULGERA VILLAGE - 583 281,
KUSTAGI TALUK, KOPPAL DISTRICT.
21. MR MANAPPA S/O. LACHAPPA PATTAR,
OCC: MAZDOOR, R/AT HIRREOTAGERI - 587 154,
ILAKL TALUK, BAGALKOTE DISTRICT.
22. MR LAXMAN S/O. VIRUPAKSHAPPA YALAGI,
OCC: HELPER, R/AT: HOSPET ONL,
WARD NO, 4, ILKAL - 587 125,
ILAKAL TALUK, BAGALKOTE DISTRICT.
23. MR MAHANTESH R. S/O. SANGAPPA SIRUR,
OCC: MAZDOOR, R/AT: HOREOTAGERI - 587 154,
ILKAL TALUK, BAGALKOTE.
24. MR DODDAPPA S/O. CHINAPPA GOUDAR,
OCC: OPERATOR, R/AT: GORBAL VILLAGE,
ILKAL TALUK, BAGALKOTE DISTRICT - 587 125.
25. MR DODDABASAYYA S/O. SHANKRAYYA HIREMATH,
OCC: OPERATOR, R/AT WARD NO. 7, HARIHAR POST
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NEAR APMC ILKAL - 587 125,
BAGALKOTE DISTRICT.
26. MR AMARAPPA S/O. NINGAPPA HUCHANUR,
OCC: OPERATOR, R/AT: WARD NO. 7 LAXMI NAGAR,
ILKAL - 587 125, BAGALKOTE DISTRICT.
27. MR VEERABASAPPA S/O. KUDLAPPA SULIBHAVI,
OCC: ASSISTANT MECHANIC,
R/AT: GUDUR SB VILLAGE,
HIREKODAGALI POST - 587 154,
ILKAL TALUK, BAGALKOTE DISTRICT.
28. MR SANGANGOUNDAR
S/O. KARABASANAGOUDA GOUDAR,
OCC: MAINTENANCE DEPT,
R/AT: GORBAL VILLAGE - 587 154,
ILKAL TALUK, BAGALKOTE DISTRICT.
29. MR MALLIKARJUN S/O. MUTTANNA DAMBAL,
OCC: MAZDOOR, R/AT 777/4, YAMUNARAPPA
TEMPLE AVER ONI, WARD NO. 2,
HUNGUD, BAGALKOTE DISTRICT - 587 118.
30. MR BALAVANTAPPA S/O. SANAGAPPAHOOLAGERI,
OCC: OPERATOR, R/AT: GORBAL VILLAGE - 587 154,
ILKAL TALUK, BAGALKOTE DISTRICT.
31. MR TIMMANNA S/O. B. DYAMANNAVARA,
OCC: DRIVER, R/AT: S.B. GONAL VILLAGE,
HIRE KODAGALI POST - 587 154,
ILKAL TALUK, BAGALKOTE DISTRICT.
32. MR SHIVASANGAPPA S/O. SANGAPPA HADAPAD,
OCC: ASSISTANT MECHANIC,
R/AT: BALAKUNDI VILLAGE - 587 125,
ILKAL TALUK, BAGALKOTE DISTRICT.
33. MR VIRUPANAGOUDA
S/O. SHANAMUKHAGOUDA GOUDAR,
OCC: DRIVER, R/AT: HIRE OTAGERI,
VILLAGE - 587 154.
34. MR NINGANAGOUDA S/O. SOMANAGOUDA PATIL,
OCC: ASSISTANT CLERK,
R/AT: JAINBALADINNI VILLAGE - 587 154,
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ILKAL TALUK, BAGALKOTE DISTRICT.
35. MR MALLAPPA S/O. KUDLAPPA APAROJI,
OCC: MAZDOOR,
R/AT BALAKUNDI VILLAGE - 587 125,
ILKAL TALUK, BAGALKOTE DISTRICT.
36. MR JAGADISH S/O. MALLIKARJUN MEGHARAJ,
OCC: MECHANIC, R/AT: KULKARNI PETE,
WARD NO. 2, ILKAL TALUK,
ILKAL (RURAL) 587 125,
BAGALKOTE DISTRICT.
SINCE DECEASED REPRESENTED BY
HIS LEGAL REPRESENTATIVES:
36A. MRS VIJAYALAKSHMI
W/O. LATE JAGADISH MEGHARAJ,
AGED ABOUT 42 YEARS.
36B. MR SHIVAPRAKASH
S/O. LATE JAGADISH MEGHARAJ,
AGED ABOUT 22 YEARS.
36C. MR VINAYAKA
S/O. LATE JAGADISH MEGHARAJ,
AGED ABOUT 26 YEARS .
37. MR MALLESHGOUDA
S/O. PARATGOUDA CHANNAGOUDAR,
OCC: EXCAVATOR OPERATOR, R/AT: VAJJAL VILLAGE,
HIREOTAGERI POST- 587 154,
ILKAL TALUK, BAGALKOTE DISTRICT.
38. MR MUTIANAGOUDA
S/O. PARUTHGOUDA GOUDAR,
OCC: CAT. OPERATOR, R/AT VAJJAL VILLAGE,
HIRE OTAGERI POST 587 154,
ILKAL TALUK, BAGALKOTE DISTRICT.
39. MR SURESH S/O. UDESHAPPA TOPALKATTI,
OCC: MAZDOOR, R/AT: VAJJAL VILLAGE,
HIREOTAGERI POST - 587 154,
ILKAL TALUK, BAGALKOTE DISTRICT.
40. MR MALLIKARJUN S/O. RACHANGOUDAGOUDAR,
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OCC: MAZDOOR, R/AT: VAJJAL VILLAGE,
POST HIRE OTAGERI - 587 154,
ILKAL TALUK, BAGALKOTE DISTRICT.
41. MR RAGHAVENDRARAO S/O. GOVINDRAO PADAKI,
OCC: MAINTENANCE DEPT,
R/AT WARD NO. 1 KATAPUR VILLAGE - 583 281,
KUSTAGI TALUK, KOPPAL DISTRICT.
42. MR NINGANAGOUDA
S/O. RACHANAGOUDA POLICEPATIL,
OCC: UNSKILLED SUPERVISOR,
R/AT: WARD NO 2, KATAPUR VILLAGE - 583 281,
KUSTAGI TALUK, KOPPAL DISTRICT.
43. MR SANGAPPA
S/O. NAGAPPA KUDLLEPPANAVAR,
OCC: CAT.OPERATOR, R/AT: CHIKKA
SINGANAGUTTI VILLAGE,
HIRE SINGANAGUTTI POST - 587 154,
ILKAL TALUK, BAGALKOTE DISTRICT.
44. MR CHANNAPPA S/O. BASAPPA ANTARADANI,
OCC: EXCAVATOR OPERATOR, R/AT VAJJAL VILLAGE,
HIREOTAGERI POST - 587 154,
ILKAL TALUK, BAGALKOTE DISTRICT.
45. MR HANAMAGOUDA
S/O. CHANNAPPAGOUDA GOUDAR,
OCC: DRIVER, R/AT: ILKAL TALUK,
BALAKUNDI VILLAGE - 587 125,
BAGALKOTE DISTRICT.
46. MR SANGANNA S/O. BASAPPA BOLASHETI,
OCC: MAZDOOR, R/AT: WARD NO. 4,
NEAR SARAGURU BASHA KATTE,
ILKAL RURAL, ILKAL TALUK,
BAGALKOTE DISTRICT - 587 125.
47. MR HANAMANTHAPPA S/O. NERASAPPA MULLUR,
OCC: DRIVER, R/AT KRISHNAPUR VILLAGE,
POST HIRE SINGANAGUTTI - 587 154,
ILKAL TALUK, BAGALKOTE DISTRICT.
48. MR SIDDRAMAYYA S/O. GADIGEYYA HIREMATH,
OCC: MAZDOOR, R/AT: WARD NO. 5,
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NEAR YAMARIURAPPA KATTE,
ILKAL 587 125, ILKAL TALUK,
BAGALKOTE DISTRICT.
49. MR SIDDRAMAYYA S/O. AMARAYYA HIREMATH,
OCC: OPERATOR, R/AT WARD NO. 7
NEAR ANNA DANESHVARA TEMPLE
HANAMASAGAR 584 114
KUSTAGI TALUK, KOPPAL DISTRICT.
50. MR SHARANAPPA S/O. KOTRAPPA KOTABAL,
OCC: MAZDOOR, R/AT: CHIKKA OTAGERI VILLAGE,
HIREOTAGERI POST - 587 154, ILKAL TALUK,
BAGALKOTE DISTRICT.
51. MR VISHWANΑΤΗ
S/O. MALLIKARJUNAPPA MEGHARAJ,
OCC: EXCAVATOR OPERATOR, R/AT: BALAKUNDI
VILLAGE - 587 125,
ILKAL TALUK, BAGALKOTE DISTRICT.
52. MR BALANAGOUDA
S/O. VENKANGOUDA NAGARBENCHI,
OCC: DRIVER,
R/AT: ARYA BHOGAPUR VILLAGE,
MAKAPUR POST - 584 125,
LINGSGUR TALUK, RAICHUR DISTRICT.
53. MR SANGAPPA
S/O. HANAMAPPA TUMBAD,
OCC: DRIVER, R/AT: WARD NO. 2,
KANDAGAL - 587 154,
ILKAL TALUK, BAGALKOTE DISTRICT.
54. MR VENKATESH
S/O. TUKARAMAPPA JOGIN,
OCC: ASSISTANT CLERK,
R/AT: WARD NO. 1, MUNAVALLI PET,
ILKAL - 587 125, ILKAL TALUK,
BAGALKOTE DISTRICT.
55. MR RAVINDRA S/O. VENKANTESH KULKARNI,
OCC: MAZDOOR, R/AT: BALAKUNDI
VILLAGE - 587 125, ILKAL TALUK,
BAGALKOTE DISTRICT.
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56. MR VIRUPAKSHAPPA S/O. AMARAPPA REVADI,
OCC: MAZDOOR,
R/AT: CHIKKA SINGANAGUTTI VILLAGE,
OCC: MAZDOOR,
HIRE SINGANAGUTTI POST - 587 125,
ILKAL TALUK, BAGALKOTE DISTRICT.
57. MR CHANDRASEKHAR
S/O. SHARANAPPA TALAWAR, OCC: HELPER,
R/AT: HIREOTAGERI VILLAGE - 587 154,
ILKAL TALUK, BAGALKOTE DISTRICT.
58. MR SHEKAPPA S/O. SHIVAPPA YALIGAR,
OCC: MAZDOOR, R/AT: BEELAGI
VILLAGE - 583 281,
KUSTAGI TALUK, KOPPAL DISTRICT.
59. MR MAHANTESH
S/O SHIVANNA BADARDINNI,
OCC: MAZDOOR, R/AT: WARD NO.3,
KEB COLONY VIDYA NAGAR,
ILKAL - 587 125.
60. MR ANDANGOUDA S/O. BASANGOUDA HIREOUDAR,
OCC: MAZDOOR, R/AT: BEELAGI VILLAGE,
MANNERHAL POST - 583 281,
KUSTAGI TALUK, KOPPAL DISTRICT.
61. MR RAJMOHAMMED S/O. BASHASAB KERUR,
OCC: MAZDOOR, R/AT WARD NO. 7,
ALAMPURPET, NEAR MINAR MAJID,
ILKAL 587 125, ILKAL TALUK,
BAGALKOTE DISTRICT.
62. MR ABDULRAZAK M. KARNOOL
S/O. MAHEBOOBSAB KARNOOL,
OCC: ASISTANT MECHANIC,
R/AT: WARD NO. 3, MADINA GALLI,
ILKAL - 587 125, ILKAL TALUK,
BAGALKOTE DISTRICT.
63. MR MOHAMMAD S/O. SULEMAN MUJAWAR,
OCC: SR.MECHANIC, R/AT: NAVANAGAR, WARD NO. 4,
NEAR GOULER GUDI, ILKAL RURAL,
ILKAL TALUK, BAGALKOTE DISTRICT - 587 125.
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64. MR KALAKAPPA S/O. PARUTHAPPA PATIANASHETTY,
OCC: MECHANIC, R/AT BALAKUNDI
VILLAGE - 587 125,
ILKAL TALUK, BAGALKOTE DISTRICT.
65. MR HANAMAGOUDA S/O. BASANGOUDA GOUDAR,
OCC: EXCAVATOR OPERATOR, R/AT: ILKAL TALUK,
BALAKUNDI VILLAGE - 587 125,
BAGALKOTE DISTRICT.
66. MR DODDAPPA S/O. NINGAPPA METI,
OCC: ASSISTANT MECHANIC,
R/AT: TALUGERI VILLAGE, TALUK KUSHTAGI,
KOPPAL DISTRICT - 584 121.
67. MR BHOJARAJ S/O. SIDDAPPA ANJI,
OCC: EXCAVATOR OPERATOR,
R/AT: 3457, WARD NO. 4,
NEAR HUDED MAHALAXMI TEMPLE,
HOSPET GALLI, ILKAL - 587 125,
ILKAL TALUK, BAGALKOTE DISTRICT.
68. MR MAHANTTESH
S/O. SHYAMANNA CHALAWADI, OCC: DRIVER,
R/AT: BALAKUNDI VILLAGE - 587 125,
IIKAL TALUK, BAGALKOTE DISTRICT.
69. MR NINGAPPA S/O. VEERABADHRAPPA LOTAGERI,
OCC: MAZDOOR,
R/AT: CHIKKA SINGANAGUTTI VILLAGE,
HIRESINGANAGUTTI POST - 587 154,
ILKAL TALUK, BAGALKOTE DISTRICT.
70. MR MAHANTAGOUDA S/O. DEVANDRAGOUDA PATIL,
OCC: CLEARNER, R/AT BALAKUNDI
VILLAGE - 587 125,
ILKAL TALUK, BAGALKOTE DISTRICT.
71. MR MAHANTESH S/O. DODDAPPA JIKERI,
OCC: MAZDOOR,
R/AT: BALALCUNDI VILLAGE - 587 125,
ILKAL TALUK, BAGALKOTE DISTRICT.
72. MR RAMESH S/O. SHRISHAILAPPA BADIGER,
OCC: CLEANER,
R/AT: BALAKUNDI VILLAGE - 587 125,
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ILKAL TALUK, BAGALKOTE DISTRICT.
73. MR AMAREGOUDA
S/O. HANUMGOUDA HADIMANI (GOUDAR),
OCC: DRIVER, R/AT: HIREOTAGERI
VILLAGE - 587 154, ILKAL TALUK.
BAGALKOTE DISTRICT.
74. UNION OF INDIA,
MINISTRY OF LABOUR AND EMPLOYMENT,
SHRAM SHAKTI BHAVAN,
RAFI MARG, NEW DELHI - 110 001,
REP. BY THE SECRETARY.
...RESPONDENTS
(BY SRI L.M.CHIDANANDAYYA (THROUGH VC), ADVOCATE FOR
SRI HANUMANTHREDDY SAHUKAR, ADVOCATE FOR C/R2 TO R73;
SRI MRUTYUNJAYA TATA BANGI, ASG FOR R1, R74)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, CALL FOR THE
ENTIRE RECORDS IN MISCELLANEOUS APPEAL NO.04/2024 FROM
THE 4TH ADDITIONAL DISTRICT COURT AND SESSIONS JUDGE,
BALLARI COMMERCIAL COURT. ISSUE A WRIT IN THE NATURE OF
CERTIORARI AND/OR ANY OTHER WRIT OR ORDER AND QUASH AND
SET ASIDE THE IMPUGNED ORDER ANNEXURE-A DATED 10/01/2024
CLAIM APPLICATION NO. 1/2022/RLC/BLY PASSED BY THE 1ST
RESPONDENT AUTHORITY. OR ISSUE A WRIT IN THE NATURE OF
CERTIORARI AND/OR ANY OTHER WRIT OR ORDER AND QUASH AND
SET ASIDE THE IMPUGNED RECOVERY CERTIFICATE ANNEXURE-B
DATED 15/05/2024 ISSUED BY THE 1ST RESPONDENT AUTHORITY TO
THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, NAVA
NAGAR, BAGALKOTE. OR ISSUE A WRIT OF MANDAMUS OR ORDER
BY DIRECTING THE APPELLATE COURT TO HEAR AND DISPOSE THE
APPEAL PENDING IN MA NO. 4/2024 PENDING BEFORE THE IV
ADDITIONAL DISTRICT AND SESSIONS JUDGE, COMMERCIAL
COURT, BALLARI (ANNEXURE-Q) ON SUBMISSIONS OF
ACKNOWLEDGEMENT ISSUED BY THIS HON'BLE COURT TOWARDS
DEPOSIT OF RS. 1,87,07,586/- BEING 50% OF THE ORDERED
AMOUNT WITH NECESSARY DIRECTIONS TO HEAR THE PARTIES TO
THE DISPUTE AND PASS SUCH OTHER ORDERS/S AS DEEMS FIT
AND AS FOUND RELEVANT AND NECESSARY, IN THE INTEREST OF
JUSTICE AND EQUITY. HOLD SECTION 17(1-A) OF THE PAYMENT
OFWAGES ACT, 1936 AS UNCONSTITUTIONAL BEING HIT BY
ARTICLE 14 OF THE CONSTITUTION OF INDIA AND CONSEQUENTLY
QUASH SECTION 17(1-A) OF THE PAYMENT OF WAGES ACT, 1936
AND ETC.,
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THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
This writ petition is filed seeking for following reliefs.
a) "Call for the entire records in Miscellaneous Appeal No.04/2024 from the 4th Additional District Court and Sessions Judge, Ballari Commercial Court.
b) Issue a writ in the nature of certiorari and/or any other writ or order and quash and set aside the impugned order ANNEXURE-A dated 10/01/2024 Claim Application No. 1/2022/RLC/BLY passed by the 1st Respondent Authority.
OR
c) Issue a writ in the nature of certiorari and/or any other Writ or Order and quash and set aside the impugned Recovery Certificate ANNEXURE-B st dated 15/05/2024 issued by the 1 Respondent Authority to the District Collector and District Magistrate, Nava Nagar, Bagalkote. OR
d) Issue a writ of mandamus or order by directing the Appellate Court to hear and dispose the Appeal pending in MA No. 4/2024 pending before the IV Additional District and Sessions Judge, Commercial Court, Ballari (ANNEXURE- Q) on
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NC: 2024:KHC-D:10959 WP No. 104591 of 2024 submissions of acknowledgement issued by this Hon'ble Court towards deposit of Rs. 1,87,07,586/- being 50% of the ordered amount with necessary directions to hear the parties to the dispute and pass such other orders/s as deems fit and as found relevant and necessary, in the interest of justice and equity.
e) Hold Section 17(1-A) Of The Payment Of Wages Act, 1936 As Unconstitutional Being Hit By Article 14 Of The Constitution Of India And Consequently quash Section 17(1-A) Of The Payment Of Wages Act, 1936.
f) Pass such other Order/s as deem fit to grant in the facts and circumstances of the case, in the interest of justice and equity."
2. Sri Mrutyunjaya Tata Bangi, learned Central Government Standing Counsel is directed to accept notice for respondents no.1 & 74. Sri Hanumanthareddy Sahukar learned counsel entered appearance through caveat for other respondents.
3. Sri K.R.Anand learned counsel for petitioner submitted that on an application filed by respondents no.2 to 73 before respondent no.1 at Annexure-K, seeking for
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NC: 2024:KHC-D:10959 WP No. 104591 of 2024 issuance of writ in nature of certiorari for setting aside impugned order dated 10.01.2024 at Annexure-A or to set aside impugned recovery certificate dated 15.05.2024 issued by respondent no.1 at Annexure-B or to issue a writ of mandamus directing Appellate Court to hear and dispose of the appeal in M.A.no.4/2024 pending before the IV Additional District and Sessions Judge, Commercial Court, Ballari at Annexure-Q.
4. Respondent no.1 passed impugned order directing petitioner to pay sum of Rs.3,74,15,171/- to respondents no.2 to 73 in addition to compensation of Rs.3,000/- each. It was submitted, against said order, an appeal under Section 17 of the Payment of Wages Act, 1936 was provided before District Court and that petitioner had filed appeal. But condition of pre-deposit of amount under Section 17(1A) had cast onerous obligations upon petitioner. Hence, petitioner was challenging constitutional validity of said provision. It was submitted that without prejudice to same, petitioner would be satisfied, if it is permitted to deposit 50% of award amount within a reasonable time and
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NC: 2024:KHC-D:10959 WP No. 104591 of 2024 if District Court Ballari, before whom appeal was pending is directed to decide appeal on merits.
5. On other hand, Sri L.M.Chidanandaiah learned counsel for respondents no.2 to 73 sought to oppose petition. Placing reliance of decisions of Hon'ble Supreme Court in Newtech Promoters and Developers Private Limited Vs. State of Uttar Pradesh and others reported in (2021) 18 SCC 1 and in case of Kotak Mahindra Bank Private Limited Vs. Ambuj A.Kasliwal and others reported in 2021 (3) SCC 549, it was submitted that constitutional validity of similar provision requiring pre- deposit as a condition for filing appeal was upheld. It was submitted, direction issued was for payment of arrears of wages of respondents no.2 to 73, who were in penury, writ petition was without any merit.
6. Heard learned counsel and perused writ petition records.
7. From above, it is seen, there is no dispute about petitioner herein having challenged order at Annexure-A in
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NC: 2024:KHC-D:10959 WP No. 104591 of 2024 appeal before District Court. There is also no dispute about Section 17(1-A) of Payment of Wages Act requiring appellant to deposit entire award amount as a pre-condition. Since petitioner submitted that it would deposit 50% of award amount before Original Authority/respondent no.1, within reasonable time, it would be appropriate for this Court to dispose of writ petition by imposing conditions for deposit rather than retain writ petition to decide constitutional validity, which would require this Court to examine scheme of entire Act. [As per paragraph no.124 in Newtech Promoter's case (supra), while in Kotak Mahindra Bank case (supra), it is seen Hon'ble Apex Court was considering condition regarding pre-deposit in a slightly different context].
8. In instant case, as per petition averment, petitioner claims to have had stopped quarrying since 2019 whereas under order impugned it is directed to deposit a sum of Rs.3,74,15,171/-, which was a heavy sum.
9. Taking note of above facts and circumstances, it would be appropriate to dispose of writ petition by directing
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NC: 2024:KHC-D:10959 WP No. 104591 of 2024 petitioner to deposit 50% of award amount as per order at Annexure-A before respondent no.1 within a period of four weeks from today and provide bank guarantee for remaining sum within four weeks.
It would also be appropriate for this Court to observe that parties shall cooperate for early disposal of appeal without seeking unnecessary adjournments and requiring Appellate Court to decide Appeal within two months.
All contentions of both parties on merits are kept open. In meanwhile, petitioner shall remain insulated against precipitative action from date it deposits 50% of award amount and cost etc. In case of non-compliance, Appellate Court would be at liberty to pass appropriate orders.
Sd/-
(RAVI V.HOSMANI) JUDGE EM:
CT-ASC/ List No.: 1 Sl No.: 43