Supreme Court - Daily Orders
Union Of India vs Karnataka Prantya Raita Sangha . on 10 July, 2014
** ITEM NO.56 COURT NO.5 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 379-390/2012
(Arising out of impugned final judgment and order dated 23/09/2011
in WP No. 30619/2009,23/09/2011 in WP No. 29954/2009,23/09/2011 in
WP No. 29955/2009,23/09/2011 in WP No. 29956/2009,23/09/2011 in WP
No. 29957/2009,23/09/2011 in WP No. 29958/2009,23/09/2011 in WP
No. 28685/2009,23/09/2011 in WP No. 28686/2009,23/09/2011 in WP
No. 28687/2009,23/09/2011 in WP No. 28688/2009,23/09/2011 in WP
No. 28689/2009,23/09/2011 in WP No. 32502/2009 passed by the High
Court Of Karnataka At Bangalore)
UNION OF INDIA & ORS. Petitioner(s)
VERSUS
KARNATAKA PRANTYA RAITA SANGHA & ORS. Respondent(s)
(with appln. (s) for impleadment as party respondent and prayer
for interim relief and office report)
Date : 11/07/2014 These petitions were called on for hearing
today.
CORAM :
HON’BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
HON’BLE MR. JUSTICE S.A. BOBDE
For Petitioner(s)
Mr. D. S. Mahra ,Adv.
For Respondent(s)
Mr. V. K. Biju ,Adv.
Ms. Kamini Jaiswal ,Adv.
Mr. V. K. Verma ,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified
Digitally signed by
The petitioners have challenged judgment and order Neeta Sapra Date: 2014.07.14 16:53:32 IST dated 23rd September, 2011 passed by the High Court of Karnataka at Reason: Bangalore in W.P. Nos. 30619, 29954-29958, 28685-28689 and 32502 -2- of 2009. By the impugned judgment, the High Court while dealing with the wages prescribed pursuant to powers conferred under sub-Section 1 of Section 6 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 held as follows:
"11. Thus, having given our thoughtful consideration, we are of the opinion that the exercise of power by the first respondent to notify the ’wage rate’, under Section 6(1) at the rate lesser than the minimum wages notified for the particular area is not sustainable. As such it is declared that the power exercisable by the Central Government under Section 6(1) of Act 2005 to notify the wage rate shall not be less than the minimum wage fixed by the State Government under Section 3 of the MW Act, 1948, for agricultural labourers applicable to that area.
12. Consequent on the above, the notification dated 01.01.2009 notifying the wage rate for agricultural labourers in Karnataka at Rs.82/- is quashed and it is held that the appropriate ’wage rate’ with effect from the said date shall be treated as Rs.119.42. The subsequent revision of minimum wage shall be treated as the wage rate from the relevant date of fixation of the minimum wage. The respondent shall take steps for payment of the difference of the amount to the wage earners who had worked during the said period."
In course of argument heard counsel for Union of India brought to our notice that Government of India from its Ministry of Rural Development issued notification dated 13th February, 2014 published in the Gazette of India (Extraordinary) whereby in exercise of power conferred under sub-section (1) of Section 6 of Mahatma Gandhi National Rural Employment Guarantee Act, 2005 revised the wages as per Schedule w.e.f. 1st April, 2014. In view of the notification aforesaid, we are of the opinion that -3- the wages as prescribed earlier stands modified in respect of all the States including the State of Karnataka. Impugned order passed by High Court is now effective only up to the period of 31 st March, 2014.
For the reasons aforesaid, while we are not deciding the issues as raised in the present special leave petition, allow the Union of India to act in terms of notification dated 13th February, 2014 for the period from 1st April, 2014 onwards. In case the present notification is challenged before any Court, the court may decide the same uninfluenced by impugned Judgment and Order dated 23rd September, 2011 passed by the High Court of Karnataka at Bangalore in W.P. Nos. 30619, 29954-29958, 28685-28689 and 32502 of 2009.
The special leave petition stands disposed of.
(Neeta) (Tapan Kumar Chakraborty)
Sr. P.A. Court Master