Karnataka High Court
H T Media Limited vs State Of Karnataka on 22 November, 2022
Bench: Alok Aradhe, S Vishwajith Shetty
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER 2022
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY
W.A. NO.929 OF 2021 (L-RES)
IN
W.P.No.51610 OF 2019 (L-RES)
BETWEEN:
HT MEDIA LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF COMPANIES ACT 1956
HAVING ITS OFFICE AT
2ND FLOOR, HINDUSTAN TIMES HOUSE
18-20 KG MARG, NEW DELHI 110 001
REP BY ITS AUTHORIZED
REPRESENTATIVE MR. AYUB AHMED KHAN.
ALSO HAVING ITS ADDRESS AT
309, 3RD FLOOR, BRIGADE GARDEN
CHURCH STREET, BENGALURU 560 001.
... APPELLANT
(BY MR. SRINIVASA RAGHAVAN V, SR. COUNSEL FOR
MR. ACHAL ANAND V.J. ADV.,)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF LABOUR
KARMIKA BHAVAN
BANNERGHATTA MAIN ROAD
2
ITI COMPOUND, HOMBEGOWDA NAGAR
BENGALURU, KARNATAKA 560 029.
2. NIRANJAN SINGH SHEKHAWAT
C/O J M JYADEVAIAN
ADVOCATE NO.164
12TH B MAIN ROAD, 6TH BLOCK
RAJAJINAGAR, BENGALURU
KARNATAKA 560 010.
3. M N S PRINTERS
A COMPANY INCORPORATED
UNDER THE COMPANIES ACT 1956
HAVING ITS OFFICE AT
NO.345/4, BHATTARAHALLI
OLD MADRAS ROAD
BENGALURU 560 049.
... RESPONDENTS
(BY MR. B. RAJENDRA PRASAD, HCGP FOR R1
MR. M. SUBRAMANYA BHAT, ADV., FOR R2
V/O DTD:02.11.2022 APPEAL AGAINST R3 STANDS
DISMISSED WITHOUT REFERENCE TO BENCH)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 02 AUGUST 2021 PASSED BY
THE LEARNED SINGLE JUDGE IN W.P. NO.51610/2019 ( L-
RES) ALLOWING I.A. NO. 1 OF 2020 FILED ON BEHALF OF
RESPONDENT NO. 2 DIRECTING THE APPELLANT TO PAY
WAGES TO THE RESPONDENT NO. 2 WORKMEN INCLUDING
ARREARS, WITHIN A PERIOD OF 1 (ONE) MONTH AND
CONTINUE TO PAY WAGES UNTIL FURTHER ORDERS.
GRANT COSTS OF THE APPEAL, AND. GRANT ANY OTHER
OR FURTHER RELIEF/S TO THE APPELLANT WHICH THIS
HON BLE HIGH COURT DEEMS FIT AND THINKS PROPER
UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE
AND TO MEET THE ENDS OF JUSTICE.
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THIS W.A. COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra Court appeal has been filed against an interim order dated 02.08.2021 passed by the learned Single Judge by which the appellant has been directed to comply with the provisions of Section 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act').
2. Learned Senior counsel for the appellant submitted that since the respondent No.2 was employed in agricultural activity, therefore he is not entitled to the benefit of Section 17B of the Act. In support of aforesaid submission, reliance has been placed on the decision of the Supreme Court in NORTH-EAST KARNATAKA ROAD TRANSPORT CORPORATION VS. M.NAGANGOUDA1. 1 (2007) 10 SCC 765 4
3. On the other hand, learned counsel for the respondent No.2 has submitted that a Division Bench of this Court by an order dated 02.09.2022 passed in W.A.No.1074/2021, has held that self-employment does not disentitle a workman to claim the benefit of Section 17B of the Act.
3. We have considered the submissions made by the learned counsel for the parties. This Court, by judgment dated 02.09.2022 passed in W.A.No.1074/2021 after taking note of judgment of Supreme Court in NORTH-EAST ROAD TRANSPORT CORPORATION Vs. M.NAGANGOUDA supra and another judgment in RAJINDER KUMAR KINDRA Vs. DELHI ADMINISTRATION2, has held that self- employment cannot amount to an employment in an 2 AIR 1984 SC 1805 5 establishment and the person who is self-employed is entitled for the benefit of Section 17B of the Act.
4. In view of the aforesaid view taken by this Court in W.A.No.1074/2021 and for the reasons assigned therein, we do not find any merit in this appeal.
Accordingly, the appeal fails and is hereby dismissed.
5. In view of the dismissal of the appeal, pending interlocutory applications do not survive for consideration and are accordingly disposed of.
Sd/-
JUDGE Sd/-
JUDGE RV