Karnataka High Court
Mr. A. Kishore Rao vs The Asst. Labour Commissioner on 8 September, 2023
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2023:KHC:32395
WP No. 8136 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO.8136 OF 2023 (L-MW)
BETWEEN:
MR. A. KISHORE RAO,
S/O A SRIPATHI RAO,
AGED ABOUT 70 YEARS,
MANAGING DIRECTOR,
M/S ARVIND MOTORS PVT LTD,
MALLANDURU ROAD,
CHIKKAMAGALURU - 577 101.
...PETITIONER
(BY SRI. B.G.NANJUNDARADHYA., ADVOCATE)
AND:
1. THE ASST. LABOUR COMMISSIONER
AND COMPETENT AUTHORITY UNDER
MINIMUM WAGES ACT,
CHIKKAMAGALURU DIVISION,
Digitally signed by
THEJASKUMAR N CHIKKAMAGALURU - 577 101.
Location: HIGH
COURT OF
KARNATAKA 2. THE STATE OF KARNATAKA
REP. BY SENIOR LABOUR INSPECTOR,
2ND CIRCLE, CHIKKAMAGALURU - 577 101.
...RESPONDENTS
(BY SRI. T.P.MALIPATIL., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
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NC: 2023:KHC:32395
WP No. 8136 of 2023
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Sri.B.G.Nanjundaradhya., learned counsel for the petitioner and Sri.T.P.Malipatil., learned AGA for the respondents have appeared in person.
2. The order dated:01.02.2023 passed by the first respondent in ¸ÀASÉå:¸ÀPÁDa/PÀªÉÃPÁ/¹Dgï-04/2021-22 directing the petitioner to deposit a sum of Rs.2,56,582/- (Rupees Two Lakhs Fifty Six Thousand Five Hundred and Eighty Two only) towards difference of minimum wages vide Annexure-A is called into question in this Writ Petition on several grounds as set out in the Memorandum of Writ Petition.
3. Learned counsel for the petitioner and the respondents have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the Writ papers with utmost care.
4. The principal ground on which this Court is asked to quash the order is that the order passed by the first respondent is opposed to the principles of natural justice as reasonable -3- NC: 2023:KHC:32395 WP No. 8136 of 2023 opportunity is not accorded to the petitioner to contest the matter on merits.
5. Sri.B.G.Nanjundaradhya., learned counsel for the petitioner in presenting his arguments vehemently contended that the first respondent without seeking any explanation from the petitioner and without providing reasonable opportunity of being heard the petitioner, has proceeded to pass the impugned order in a hurried manner. He argued by saying that the diary maintained in the office of the first respondent shows that the case was posted for hearing on 03.02.2023, but without any prior intimation and in the absence of the parties, the first respondent passed the order on 01.02.2023 itself. Hence, he submits that the first respondent ought to have given sufficient opportunity to the petitioner to put forth his case effectively. Therefore, he submits that the matter requires a remand.
6. The specific contention of the petitioner is that the impugned order is opposed to the principles of natural justice. An averment is made in the Writ Petition that the petitioner has paid the wages to its employees for the year 2021 and 2022 as -4- NC: 2023:KHC:32395 WP No. 8136 of 2023 prescribed by the Government Notification dated:17.12.2016 together with applicable VDA from 01.04.2021 to 31.03.2022 to the industries situated at Zone-II. But the first respondent has overlooked this aspect and erroneously passed the order.
7. I have perused the order passed by the first respondent with utmost care. A perusal of the same would reveal that it is an ex-parte order. In this Court, the petitioner has raised contentions regarding payment of wages and also specifically contended regarding non-providing of an opportunity to contest the matter on merits. Hence, this Court deem it proper to remand the case for fresh consideration.
8. The Writ of Certiorari is ordered. The order dated:01.02.2023 passed by the first respondent in ¸ÀASÉå:¸ÀPÁDa/PÀªÉÃPÁ/¹Dgï-04/2021-22 vide Annexure-A is set- aside. The matter is remanded. Since the parties are represented by their respective counsel, the petitioner is directed to appear before the first respondent on 27.09.2023 without awaiting further notice from the first respondent.
9. Resultantly, the Writ Petition is allowed. -5-
NC: 2023:KHC:32395 WP No. 8136 of 2023 It is needless to observe that all the contentions of the parties are kept open.
10. In the last resort, Sri.Nanjundaradhya.B.G., learned counsel for the petitioner submits that a memo has been filed stating that pursuant to the interim order dated:19.04.2023, the petitioner has deposited a sum of Rs.64,146/- (Rupees Sixty Four Thousand One Hundred and Forty Six only) before the first respondent. Counsel therefore, submits that the memo may be placed on record and appropriate order may be passed.
Submission is noted. Memo is placed on record. The amount in deposit shall continue to be in deposit till the disposal of the case by the first respondent.
Sd/-
JUDGE MRP List No.: 1 Sl No.: 14