The State Of Karnataka vs Sri Mariyappa on 25 September, 2012

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Karnataka High Court

The State Of Karnataka vs Sri Mariyappa on 25 September, 2012

Bench: Subhash B. Adi

                             1

        IN THE HIGH COURT OF KARNATAKA AT BANGALORE

          DATED THIS THE 25TH DAY OF SEPTEMBER 2012

                          BEFORE

          THE HON'BLE MR. JUSTICE SUBHASH B. ADI

             WRIT PETITION NO.38011/2011 (L-MW)


BETWEEN :

1 THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF COMMERCE &
INDUSTRIES DEPARTMENT
M S BUILDING, BANGALORE

2 THE SERICULTURE EXTENSION OFFICER
TECHNICAL SERVICE CENTRE
NANJANGUD, SARASWATHIPURAM
MYSORE

3 THE ASSISTANT DIRECTOR
SERICULTURE DEPARTMENT
ZILLA PANCHAYATH
MYSORE.                                  ...PETITIONERS

             ( By SRI.JAGADEESH MUNDARGI, AGA)

AND :

1 SRI MARIYAPPA
S/O MAHADEVAPPA
AGE: 52 YEARS
NO.658/89E, VISHWESHWARA ROAD
N R MOHALLA, CHAKI MATT
MYSORE
                                   2


2 THE LABOUR OFFICER & AUTHORITY
UNDER MINIMUM WAGES ACT
MYSORE DISTRICT
MYSORE.                          ...RESPONDENTS

               ( By SRI.S.NAGARAJA,ADV. FOR R-1)


     THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD.27.10.10 PASSED BY THE LABOUR OFFICER AND AUTHORITY
UNDER THE MINIMUM WAGES ACT, MYSORE IN CASE
NO.MWM/CR/NO.41/2006 VIDE ANNEX-A, ETC.

      THIS WP COMING ON FOR PRLY. HEARING IN 'B' GROUP THIS
DAY, THE COURT MADE THE FOLLOWING:


                            ORDER

This writ petition is filed by the State, challenging the order of the Authority under the Minimum Wages Act, Mysore, dated 27.10.2010 produced at Annexure-A.

2. Respondent No.1 filed a claim petition interalia alleging that, he has not been paid the minimum wages for a period from 1.4.1984 to 31.3.1989 to the tune of Rs.4,36,394.85 paise. The Authority by the impugned order has awarded payment of Rs.35,491/- as the difference of minimum wages to the respondent, as against which, this writ 3 petition is filed.

3. The only contention that is raised by the learned Government Advocate is that, the State is a principal employer, without impleading the State, only the Authority has been impleaded and order has been passed. This aspect of the matter is also not disputed by the learned Counsel for the respondent No.1.

4. In view of the order passed by this Court in W.P.No.833/2007 dated 17th September 2008, in any claim made in respect of employment under the State, State is a necessary party. Admittedly, the State has not been made a party before the Authority under the Minimum Wages Act. Hence, the impugned is liable to be quashed.

Accordingly, the writ petition is allowed. The impugned order dated 27.10.2010 passed by the Labour Officer and Authority under the Minimum Wages Act, Mysore, is hereby quashed. Matter is remitted to the Authority under the Minimum Wages Act, Mysore, for fresh 4 determination after issue of notice to the State in accordance with law.

All the contentions kept open.

Sd/-

JUDGE KNM/-

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