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V Sekhar vs Senior Labor Inspector on 17 December, 2020

3. Sri.Uday Shankar, learned counsel for the petitioners would submit that the Minimum Wages Act is not applicable to the association of which petitioners are office bearers inasmuch as association is only set up for the purposes of catering to the requirements of the owners and tenants of the apartment block. They do not carry out any industrial activities and therefore, the Act would not apply to the said association and the association would not come within the meaning of the term employer under Section 2(e) of the said Act. He further relies on the decision of this Court in the case of SUBHASH BHEENDRA AND ORS VS. STATE OF KARNATAKA AND ORS in CRL.P NO.7983/2016 disposed of on 19.09.2019 CRL.P. NO.7566 OF 2020 4 whereunder this Court has categorically held that the Minimum Wages Act does not apply to an association of apartment owners. On this basis, he submits that when the Act itself does not apply, the question of violation of Act or the Rules cannot be alleged against the petitioners and therefore, he submits that proceedings ought to be quashed.
Karnataka High Court Cites 5 - Cited by 0 - S Govindaraj - Full Document
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