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Akshara Motors Pvt Ltd Vs. The Secretary - Court Judgment

LegalCrystal Citation
CourtKarnataka High Court
Decided On
Case NumberWP 56099/2015
Judge
AppellantAkshara Motors Pvt Ltd
RespondentThe Secretary
Excerpt:
1 ® in the high court of karnataka at bengaluru dated this the28h day of october, 2016 b e f o r e the hon’ble mr. justice a.n. venugopala gowda writ petition nos.56099-56184/2015 (l-res) c/w w.p.nos.7387/2016 (l-mw), 7391/2016 (l-res), 7453-7458/2016 (l-res), 7459-7465/2016, 7556/2016 (l-mw), 8196-8199/2016 (l-res), 10069/2016, 11109- 11110/2016, 12837-12855/2016, 13207-13213/2016, 13887/2016, 14259-14260/2016 15120-15126/2016, 15974-16013/2016, 20312-20313/2016, 20931-20932/2016 and252152016 (l-mw) in w.p.nos.56099-56184/2015 between:1. akshara motors pvt. ltd., sy.no.13 11 k m kanakapura road bangalore – 560 062 represented by its managing director m.p. shyam aged about52years bengaluru city. 2 prerana motors (p) ltd., pride hulkul, 1st floor116 lalbagh road bangalore – 560 027.....
Judgment:

1 ® IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF OCTOBER, 2016 B E F O R E THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION Nos.56099-56184/2015 (L-RES) C/W W.P.Nos.7387/2016 (L-MW), 7391/2016 (L-RES), 7453-7458/2016 (L-RES), 7459-7465/2016, 7556/2016 (L-MW), 8196-8199/2016 (L-RES), 10069/2016, 11109- 11110/2016, 12837-12855/2016, 13207-13213/2016, 13887/2016, 14259-14260/2016 15120-15126/2016, 15974-16013/2016, 20312-20313/2016, 20931-20932/2016 AND252152016 (L-MW) In W.P.Nos.56099-56184/2015 BETWEEN:

1. AKSHARA MOTORS PVT. LTD., SY.NO.13 11 K M KANAKAPURA ROAD BANGALORE – 560 062 REPRESENTED BY ITS MANAGING DIRECTOR M.P. SHYAM AGED ABOUT52YEARS BENGALURU CITY. 2 PRERANA MOTORS (P) LTD., PRIDE HULKUL, 1ST FLOOR116 LALBAGH ROAD BANGALORE – 560 027 REPRESENTED BY ITS MANAGING DIRECTOR A.R.GOPAL AGED ABOUT49YEARS BENGALURU CITY. PRERANA MOTORS REGIO PRIDE HULKUL, 1ST FLOOR NO.116, LALBAGH ROAD BANGALORE – 560 027 REPRESENTED BY ITS MANAGING DIRECTOR A.R.GOPAL AGED ABOUT49YEARS BENGALURU CITY. ABHARAN MOTORS PVT. LTD., NO.5-89E3, NH - 66 NITTUR UDUPI – 576 102 REPRESENTED BY ITS DIRECTOR MAHESH M. KAMATH AGED ABOUT51YEARS UDUPI. ADISHAKTI CARS PVT. LTD., NO.21, SHANKARMUTT ROAD SHESHADRIPURAM SHIMOGA - 577201 REPRESENTED BY ITS MANAGING DIRECTOR VENKATESH N. TATASKAR AGED ABOUT58YEARS SHIVAMOGGA. ADVAITH MOTORS PVT. LTD., NO.32, RESIDENCY ROAD BANGALORE - 560025 REPRESENTED BY ITS DIRECTOR SVSS GUPTA AGED ABOUT47YEARS BENGALURU CITY.

2. 3.

4. 5.

6. 7.

8.

9. 3 ADVAITH AUTOMATION PVT. LTD., NO.40/1, SOUTH END ROAD BASAVANAGUDI BANGALORE - 560004 REPRESENTED BY ITS MANAGING DIRECTOR M.P. SHYAM AGED ABOUT52YEARS BENGALURU CITY. ANANTH CARS AUTO PVT. LTD., NO.401, KUMBARA STREET MAIN ROAD OLD MADRAS ROAD K.R.PURAM BANGALORE – 560 036 REPRESENTED BY ITS MANAGING DIRECTOR A.KRISHNA RAJU AGED ABOUT41YEARS BENGALURU CITY. APPLE AUTO PVT. LTD., 102/1, SHANTHA KUMAR LAYOUT OUTER RING ROAD B.NARAYANAPURA, WHITEFIELD BANGALORE - 560016 REP. BY ITS MANAGING DIRECTOR C.CHANDRASHEKAR AGED ABOUT47YEARS BENGALURU CITY.

10. ARVIND MOTORS PVT. LTD., NO.19, SHIVASHANKAR PLAZA LALBAGH ROAD RICHMOND CIRCLE BANGALORE – 560027 REPRESENTED BY ITS MANAGING DIRECTOR A.KRISHNA RAJU AGED ABOUT41YEARS BENGALURU CITY.

11. ARYAN AUTO AGENCIES PVT. LTD., NO.23, THIMMAIAH ARCADE HAL AIRPORT ROAD, DOMLUR BANGALORE - 560071 4 REPRESENTED BY ITS MANAGING DIRECTOR A. ASHWIN AGED ABOUT51YEARS BENGALURU CITY.

12. AUTOMOBILE SERVICE CENTRE NO.11, SADARAMANGALA INDL. AREA NEAR ITPL, WHITEFIELD ROAD BANGALORE - 560048 REPRESENTED BY ITS PARTNER V.VIJENDRA AGED ABOUT55YEARS BENGALURU CITY.

13. BANGALORE MOTORS PVT. LTD., VST VISTAS, NO.1 PALACE CROSS ROAD BANGALORE - 560020 REPRESENTED BY ITS DIRECTOR P.V. SUJAY AGED ABOUT53YEARS BENGALURU CITY.

14. BHARATH AUTO CARS PVT. LTD., NH66 KUNTICAN JUNCTION MANGALORE - 575004 REPRESENTED BY ITS MANAGING DIRECTOR SACHIN M. PAI AGED ABOUT60YEARS MANGALURU, 15. BHARATH VEHICLE WORKS NO.3-9/2, AIRPORT ROAD YEYYADI MANGALORE - 575008 REPRESENTED BY ITS CEO SANDESH SHENOY AGED ABOUT54YEARS MANGALURU.

16. BIMAL MOTORS SITE NO.90, PLOT NO.241/242/278/90 NO.7, BYATARAYANAPURA5BELLARY ROAD, NH-7 BANGALORE - 560072 REPRESENTED BY ITS DIRECTOR SUNIL KUMAR AGED ABOUT51YEARS BENGALURU CITY.

17. BIMAL AUTO AGENCY INDIA PVT. LTD., NO.60/2, CHAND TOWER WHITE FIELD ROAD MAHADEVAPURA POST BANGALORE - 560048 REPRESENTED BY ITS DIRECTOR NAVEEN KUMAR AGED ABOUT56YEARS BENGALURU CITY.

18. CAUVERY MOTORS PVT. LTD., SY.NO.13, 11 KM KANAKAPURA ROAD BANGALORE - 560062 REPRESENTED BY ITS DIRECTOR SHYAM M P. AGED ABOUT52YEARS BENGALURU CITY.

19. CHAMUNDI MOTORS NO.225/2, NEAR10H BTS BUS DEPOT2D MAIN ROAD BRINDAVANA NAGAR, HBR LAYOUT BANGALORE - 560043 REPRESENTED BY ITS MANAGING DIRECTOR HEMANTH KUMAR N., AGED ABOUT47YEARS BENGALURU CITY.

20. CITY HONDA NO.63, St. MARKS ROAD BANGALORE - 560001 REPRESENTED BY ITS PARTNER V.V.SUJAY AGED ABOUT51YEARS BENGALURU CITY. 6 21. DURGA MOTORS COMPANY NH66 KULUR JUNCTION NEW MANGALORE - 575013 REPRESENTED BY ITS MANAGING DIRECTOR KUMAR, AGED ABOUT46YEARS MANGALURU.

22. DYUTHI MOTORS PVT. LTD., 23. NO.201/1 & 2,HUNSUR ROAD, HINKAL, MYSORE-570 017 REPRESENTED BY ITS MANAGING DIRECTOR VISHWASU, AGED ABOUT43YEARS MYSURU. EXCEISIOR AUTOMOBILES PVT LTD., SYRVEY NO.38/2, PADUKODI VILLAGE, KULOOR-KAVOOR ROAD, MANGALORE-575 010 REPRESENTED BY ITS DIRECTOR VINOD PATEL AGED ABOUT48YEARS MANGALURU.

24. GARUDA AUTOCRAFTS PVT. LTD., NO.29, LALBAGH ROAD, BANGALORE-560 027 REPRESENTED BY ITS MANAGING DIRECTOR A.C.KRISHNA RAJU AGED ABOUT47YEARS BENGALURU CITY.

25. I.G. WORKSHOP NO.63, ST. MARKS ROAD, BANGALORE-560001 REPRESENTED BY ITS PARTNER V.V.VIJENDAR AGED ABOUT46YEARS BENGALURU CITY.

26. KALYANI MOTORS PVT LTD., 24/1, 25/1, NAYANDANAHALLI SIGNAL, 100 FEET RING ROAD, 7 MYSORE ROAD JUNCTION, BANGALORE-560 039 REPRESENTED BY ITS MANAGING DIRECTOR A. MOHAN RAJU AGED ABOUT56YEARS BENGALURU CITY.

27. KARNATAKA AGENCIES NH66 KOTTARA CHOWKI, MANGALORE-575 006 REPRESENTED BY ITS MANAGING PARTNER R.C. ROADIGAS AGED ABOUT58YEARS MANGALURU.

28. MAHANTH MOTORS OPP.GMIT COLLEGE, HARIHAR ROAD, DAVANAGERE-577 006 REPRESENTED BY ITS MANAGING DIRECTOR T.H. PRASHANTH AGED ABOUT57YEARS DAVANGERE.

29. MANGALORE FORCE OPP.CANARA BANK, KOTTARA CHOWKI MANGALORE-575 006 REPRESENTED BY ITS MANAGING DIRECTOR MUKESH MALPE AGED ABOUT57YEARS MANGALURU.

30. MARUTHI MOTORS202 2ND FLOOR, EMBASSY CLASSIC, VITTAL MALLYA ROAD, BANGALORE-560001 P.H. PRASHANTH AGED ABOUT57YEARS BENGALURU CITY.

31. MEGHAVATH COMPANY (P) LTD., 36/1, MUNIVENKATAPPA COMPLEX, BELLARY MAIN ROAD, GANGANAGAR, BANGALORE-560 032, 8 REPRESETNED BY ITS MANAGING DIRECTOR SAPTHAGIRI M.S. AGED ABOUT52YEARS BENGALURU CITY.

32. METRO FORD VST AUTO ANCILLARIES PVT LTD., VST VISTAS NO.1, PALACE CROSS ROAD, BANGALORE-560 020 REPRESENTED BY ITS DIRECTOR V.V.PRAVINDA AGED ABOUT48YEARS BENGALURU CITY.

33. MANDOVI MOTORS PVT LTD., NO.40/4, LAVELLE ROAD, BANGALORE-560 001, REPRESENTED BY ITS MANAGING DIRECTOR A. ASHOKA RAO AGED ABOUT43YEARS BENGALURU CITY.

34. NARAYAN CARS PVT LTD., IBRAHIMPUR RING ROAD, NH-50, BIJAPUR-586 109, REPRESENTED BY ITS MANAGING DIRECTOR GOPAL P. JOSHI AGED ABOUT51YEARS VIJAYAPURA.

35.

36. PATEL CARS PVT LTD., NH65 MANGALORE GOA BYPASS ROAD, DEREBAIL KOTTARA, MANGALORE-575 006, REPRESENTED BY ITS DIRECTOR VIOND PATEL AGED ABOUT41YEARS MANGALURU. PAI SALES PVT LTD., MANGALADEVI TEMPLE ROAD, PANDESHWAR, MANGALORE-575 001 9 37. REPRESETNED BY MANAGING DIRECTOR T. GANAPATHI PAI AGED ABOUT43YEARS MANGALURU. PRATHAM MOTORS PVT LTD., 16, MARATHHALLI OUTER RING ROAD, BELLANDUR, BANGALORE-560 103 REPRESENTED BY ITS CEO SMAR VIKRAM BASIN AGED ABOUT53YEARS BENGALURU CITY.

38. RAHUL CARS INDIA PVT. LTD., SHESHADRIPURAM SHANKAR MUTT ROAD SHIMOGGA-577 201 REPRESENTED BY ITS MANAGING DIRECTOR M. RAVI KUMAR AGED ABOUT57YEARS SHIVAMOGGA.

39. RNS MOTORS LTD2275 TUMKUR ROAD YESHWANTHPUR BANGALORE-560 022 REPRESENTED BY ITS GENERAL MANAGER SUNIL R. SHETTY AGED ABOUT57YEARS BENGALURU CITY..

40. RNS EARTH MOVERS PVT. LTD2275 TUMKUR ROAD YESHWANTHPUR BANGALORE-560 022 REPRESENTED BY ITS GENERAL MANAGER SAGAR VITTAL RAO AGED ABOUT51YEARS BENGALURU CITY.

41. RUTVI MOTORS26581-2, DENTAL COLLEGE ROAD10M C C B BLOCK DAVANGERE-577 004 REPRESENTED BY ITS MANAGING DIRECTOR SAGAR VITTAL RAO AGED ABOUT51YEARS DAVANGERE.

42. SAPHIRE MOTORS PVT. LTD., NO.108, 13TH K M MYSOR ROAD, NEAR R.V. ENGG. COLLEGE BANGALORE-560 059 REPRESENTED BY ITS MANAGING DIRECTOR KALIF HUSSAIN AGED ABOUT33YEARS BENGALURU CITY.

43. SILICON MOTORS50R V ROAD BASAVANAGUDI BANGALORE-560 004 REPRESENTED BY ITS PARTNER SAHILESH M. BALILGA AGED ABOUT43YEARS BENGALURU CITY.

44. SIREESH AUTO PVT. LTD97B, I FLOOR, 8TH BLOCK KORAMANGLA BANGALORE-560 095 REPRESENTED BY ITS DIRECTOR NAGESH D., AGED ABOUT47YEARS BENGALURU CITY.

45. SKMS MOTORS PVT. LTD. NO.371/271, P B ROAD AVARAGERE DAVANGERE-577 003 REPRESENTED BY ITS MANAGING DIRECTOR NAGARAJ, AGED ABOUT47YEARS DAVANGERE. 11 46. SPRINT YAMAHA NO.55/8, HOSUR MAIN ROAD, KUDLU GATE, HONGASANDRA, BANGALORE-560068 REPRESENTED BY ITS MANAGING DIRECTOR A.R.GOPAL, AGED ABOUT49YEARS BENGALURU CITY.

47. SURAKSHAA CAR CARE PVT. LTD., 30/3, OPP. INFOSYS, HOSUR MAIN ROAD, ELECTRONIC CITY POST, BANGALORE-560 100 REPRESENTED BY ITS DIRECTOR RAMESH PRASAD PAI AGED ABOUT42YEARS BENGALURU CITY.

48. 49.

50. TRIDENT AUTOMOBILES PVT. LTD., NO.1, LOWER PALACE ORCHARDS, SANKEY ROAD, BANGALORE-560 003 SAMIR CHOWDARY AGED ABOUT31YEARS BENGALURU CITY. TRIDENT AUTO PRIVATE LIMITED SY.NO.18/1B, MYSORE ROAD, NEXT TO RAJARAJESHWARINAGAR ARCH, NAYANDAHALLI, KENGERI HOBLI, BANGALORE-560 039 REPRESENTED BY ITS DIRECTOR BALACHANDRAN AGED ABOUT53YEARS BENGALURU CITY. TRIDENT AUTO ENTERPRISED PVT. LTD., NO.210/2, UPPER PALACE ORCHARDS, BELLARY ROAD, SADASHIVANAGAR, BANGALORE-560 080 REPRESENTED BY ITS DIRECTOR BALACHANDRAN1251. AGED ABOUT53YEARS BENGALURU CITY. TRIBHUVAN MOTORS KULLUR FERRY ROAD, NEAR ASHOKNAGARA POST OFFICE KOTTARA MANGALORE-575006 REP. BY ITS DIRECTOR M.LALITH, AGED ABOUT39YEARS MANGALURU.

52. UNITED CAR PVT. LTD., NH75 NEAR PADIL JUNCTION, PADIL, MANGALORE - 575 007 REPRESENTED BY ITS DIRECTOR A.R.G. RAO AGED ABOUT43YEARS MANGALURU.

53. URS KAR SERVICE CENTRE (P) LTD., CH-11, NEW KANTHARAJ URS ROAD, KRISHNAMURTHYPURAM, MYSORE-570 004 REPRESENTED BY ITS MANAGING DIRECTOR KANTHARAJ URS AGED ABOUT53YEARS MYSURU.

54. VALUE MOTOR AGENCY PVT. LTD., 16/A, MILLERS ROAD, VASANTHNAGAR, BANGLAORE-560 052. REPRESENTED BY ITS MANAGING DIRECTOR SYED KABIT AHMED AGED ABOUT59YEARS BENGALURU CITY.

55. VECTO MOTORS581A, SINGASANDRA, HOSUR MAIN ROAD, BANALORE-560 068 REPRESENTED BY ITS MANAGING DIRECTOR13A.R.GOPAL AGED ABOUT43YEARS BENGALURU CITY.

56. VIBRANT MOTORS C/O MANJUNATH TYRES, NEAR KMF MILK DIARY, KULSHEKAR CHOWKI, KULSHEKAR, MANGALORE-575 005 REPRESENTED BY ITS PARTNER M.LALITH, AGED ABOUT39YEARS MANGALURU.

57. VIDHATRI MOTORS (P) LTD., SY.NO.200/1, HINKAL MAIN ROAD, HINKAL, MYSORE-570 017 REPRESENTED BY ITS MANAGING DIRECTOR SHARATH CHANDRA RAJU AGED ABOUT43YEARS MYSURU.

58. VIJAYA MOTOR SALES & SERVICE, ‘VIJAYA COMPLEX’,BYPASS ROAD, URGADUR, SHIMOGA-577 203, REPRESENTED BY ITS MANAGING DIRECTOR VADUDEV SHENOY AGED ABOUT53YEARS SHIVAMOGGA.

59. VST AUTO AGENCY NO.459, DHANALAKSHMI BUILDING, COTTON PET, BANGALORE-560 053 VISHNU, AGED ABOUT52YEARS BENGALURU CITY.

60. VINAYAKA CAR PVT. LTD., REVACK BUILDING #50/2, OLD MARAS ROAD, T.C. PALYA CROSS, GARDEN CITY COLLEGE ROAD, 14 BANGALORE-560 049 REPRESENTED BY ITS MANAGING DIRECTOR SURESH KUMAR AGED ABOUT55YEARS BENGALURU CITY.

61. AUTO MAC SERVICES OPP: UNKAL LAKE, TAJ NAGAR MAIN ROAD, UNKAL, HUBLI-580 025. REPRESENTED BY ITS PARTNER SHITAL V. FETODUES AGED ABOUT54YEARS DHARWAD.

62. AUTO RE-CONDITIONERS P.P. JAVALI BUILDING, NEW COTTON MARKET, HUBLI - 580 029 REPRESENTED BY ITS PARTNER VINAY J.

JAHAVI AGED ABOUT55YEARS DHARWAD.

63. BELLAD ENGINEERS PVT. LTD., “BELLAD CHAMBER III” UNKAL CROSS, HUBLI - 580 031. REPRESENTED BY ITS DIRECTOR MAHESH BELLAGI AGED ABOUT55YEARS DHARWAD.

64. BHARATH MOTORS MAHADEV PLAZA KOLHAPUR CIRCLE, NEHARU NAGAR, BELGAUM - 590 010 REPRESENTED BY ITS PARTNER R.M. PATIL AGED ABOUT51YEARS.

65. CHADHA AUTO AGENCIES OPP. SAWAI GANDHARVA HALL, 15 DESHPANDE NAGAR, HUBLI - 580 029 REPRESENTED BY ITS PARTNER S.S.CHANDRA AGED ABOUT53YEARS.

66. CHALUKYA MOTORS PVT. LTD., KUSTAGI BUILDING, OPP. GODAG CO-OP. INDUSTRIAL ESTATE, HUBLI, GADAG - 585 103 REPRESENTED BY ITS MANAGING DIRECTOR RUDRAMMA GULAGHI AGED ABOUT52YEARS.

67. GCD MOTORS PVT. LTD., 68.

69. NO.17, DEVRAYA CAMP BELGAVI - 590 001 REPRESENTED BY ITS DIRECTOR ROHIT R. DHESHPANDE AGED ABOUT51YEARS. JAGAJAMPI AUTO PVT. LTD., SR.NO.4830/2, OPP. OLD HOSPITAL AMBEDKAR ROAD, BELGAUM - 590 001 REPRESENTED BY ITS EXECUTIVE DIRECTOR B.S.BADAGAL AGED ABOUT51YEARS BELAGAVI. JAVALI AUTOMOBILE PVT. LTD., OPP. UNKAL LAKE, P.B.ROAD, HUBLI, REPRESENTED BY ITS DIRECTOR SUHAS J.

JAVALI AGED ABOUT49YEARS DHARWAD.

70. KATWA MOTORS NO.325, PB ROAD, BELGAUM - 590003 REP. BY ITS MANAGING PARTNER16PRAVEEN GOPAL KATWA AGED ABOUT43YEARS BELAGAVI.

71. MAHANTH AUTOMOTIVES PVT. LTD., PLOT NO.9, 10, 11 BHAIRIDEVAKOPPA, NEAR APMC, P.B.ROAD, HUBLI – 580 025 REP. BY ITS MANAGING DIRECTOR MAHANTH, AGED ABOUT41YEARS DHARWAD.

72. MANGESH MOTORS NO.17, DEVRAJYA CAMP, BELAGAVI - 590001 REP. BY ITS PARTNER ROHIT R. DESHPANDE AGED ABOUT51YEARS BELAGAVI.

73. MANICKBAG AUTOMOBILES PVT. LTD., NO.360, DHARWAD ROAD, BELGAUM – 590 016 REP BY ITS DIRECTOR SANJOT SHAH, AGED ABOUT41YEARS BELAGAVI.

74. MANICBAG SERVICES NO.362, DHARWAD ROAD, BELGAUM – 590 016 REP BY ITS PARTNER BHUSHAN MIRJI AGED ABOUT43YEARS DHARWAD.

75. NAGSHANTI ENTERPRISES OPP: HANS HOTEL, VIDYANAGAR, P.B. ROAD, HUBLI – 580 031 REP BY ITS PARTNER PRAVEEN GUDI17AGED ABOUT37YEARS DHARWAD.

76. NAGSHANTI MOTORS PVT LTD DR. B.R.AMBEDKAR ROAD, OPP. DISTRICT CIVIL HOSPITAL, BELGAUM -590002 REP BY ITS DIRECTOR PRAVEEN GUDI AGED ABOUT37YEARS BELAGAVI.

77. NAGASHANTI AUTO CARS LLP OPP. P.C. JAIN COLLEGE, VIDYANAGAR, HUBLI - 580031 REP BY ITS PARTNER PRAVEEN GUDI AGED ABOUT37YEARS DHARWAD.

78. NAGASHANTHI CARS PVT. LTD., PLOT NO.16, KHANAPUR ROAD, UDYAMBAG, BELGAUM-590 008 REPRESENTED BY ITS DIRECTOR PRAVEEN GUDI AGED ABOUT37YEARS BELAGAVI.

79. 80. PATSON AGENCIES NO.3951/2, P B ROAD, BELGAUM-590003 REPRESENTED BY ITS PARTNER HARSHA P. PATIL AGED ABOUT49YEARS BELAGAVI. PATSON MOTORS PVT LTD., NO.3951/2, P B ROAD, BELGAUM-590003 REPRESENTED BY ITS DIRECTOR HARSHA P.PATIL1881. AGED ABOUT49YEARS BELAGAVI. PRITI CARS PVT LTD., PLOT NO.498/3-17-18, BHAIRIDEVARKAPPA, HUBLI-580 031 REPRESENTED BY ITS DIRECTOR SACHIN, AGED ABOUT39YEARS DHARWAD.

82. S.C.MOTORS NEW GANDHINAGAR, P B ROAD, BELGAUM – 560 016 REPRESENTED BY ITS PROPRIETOR VICTOR PINTO AGED ABOUT35YEARS BELAGAVI.

83. SHANTHESHA MOTORS PVT. LTD., VAIBHAV NAGAR BESIDE VITHALIE TEMPLE, INDAL ROAD, BELGAUM-590010 REPRESETNED BY ITS GENERAL MANAGER PRASAD JOSHI AGED ABOUT54YEARS BELAGAVI.

84. SHANTHESHA AUTO PVT LTD., SHIVA AVENUE, GOKUL ROAD, HUBLI-580030 REPRESENETED BY ITS GENERAL MANAGER PRASAD JOSHI, AGED ABOUT54YEARS DHARWAD.

85. SHODHA MOTORS PVT LTD., HUBLI DHARWAD ROAD, RAYAPUR, HUBLI-580002 REPRESENTED BY ITS DIRECTOR PRASAD JOSHI AGED ABOUT54YEARS DHARWAD. 19 86. SUTARIA AUTO CENTRE P B ROAD, OPP. UNKAL LAKE, UNKAL, HUBLI-580031 REPRESENTED BY ITS PARTNER SACHIN AGED ABOUT39YEARS DHARWAD. ... PETITIONERS (BY SRI S.N.MURTHY, SENIOR ADV. FOR M/s. S.N. MURTHY ASSOCIATES, ADVS. FOR P1; SRI S.N. MURTHY, SENIOR ADV. FOR SRI SOMASHEKAR, ADV. FOR P2 & P86; SRI S.S. NAGANAND, SENIOR ADV. FOR SRI C.K. SUBRAMANYA, ADV. FOR P3 to P85) AND:

1. THE SECRETARY LABOUR DEPARTMENT GOVERNMENT OF KARNATAKA VIKASA SOUDHA BANGALORE – 560 001.

2. 3.

4. THE LABOUR COMMISSIONER GOVERNMENT OF KARNATAKA KARMIKA BHAVANA BANNERGHATTA ROAD BANGALORE – 560029. PRESIDENT ALL INDIA TRADE UNION CONGRESS (AITUC) NO.27, 6TH CROSS, 4TH MAIN, MALLESHWARAM BANGALORE – 560 003. BHARATIYA MAZDOOR SANGHA NO.458, OTC ROAD, COTTONPET, BANGALORE – 560 053 REPRESENTED BY ITS PRESIDENT. 5.

6. 7.

8.

9. 20 CITU NO.40/5, 2ND ‘B’ MAIN ROAD, 16TH CROSS, SAMPANGIRAMA NAGARA, BANGALORE – 560 027 REPRESENTED BY GENERAL SECRETARY. GARMENTS & TEXTILE WORKERS’ UNION NO.17/1, 1ST FLOOR, HOSAGUDDADAHALLI BUS STOP MYSORE ROAD BANGALORE – 560 026. KARNATAKA STATE HOTEL WORKERS WELFARE ASSOCIATION, NO.118, 4TH CROSS16H MAIN ROAD, J.C. NAGAR BANGALORE – 560 086. KARNATAKA ESTATE LABOUR UNION JAYAPURA, KOPPA TALUK CHIKAMAGALUR DISTRICT. ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU) NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD, HOODI, M.D. PURA, BANGALORE – 560 048 REP. BY ITS PRESIDENT SHRI S. BALAKRISHNAN. R9 AMENDED AS PER

ORDER

DATED1908.2016. ... RESPONDENTS (BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SRI K.SUBBA RAO, SENIOR ADV. FOR M/s. SUBBA RAO & CO. ADVS. FOR R5; SRI V.R. DATAR, ADV. FOR R3; SMT. H.MANGALAMBA RAO, ADV. FOR R4; SRI CLIFTON D ROZARIO, ADV. FOR R6; 21 R7 & R8 SERVED BUT UNREPRESENTED; SRI S. BALAKRISHNAN, PARTY-IN-PERSON FOR R9) W.P.Nos.56099-56184/2015 ARE FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS LEADING TO THE ISSUANCE OF NOTIFICATION DATED3007.2015 ISSUED BY THE1T RESPONDENT IN SO FAR AS THE EMPLOYEMENT IN AUTOMOBILE ENGINEERING INDUSTRY [INCLUDING SERVICING AND REPAIRING WORKS]. IS CONCERNED (ANNEXURE-G) AND QUASH THE NOTIFICATION DATED3007.2015 ISSUED BY THE1T RESPONDENT IN SO FAR AS THE EMPLOYMENT IN AUTOMOBILE ENGINEERING INDUSTRY (INCLUDING SERVICING AND REPAIRING WORKS) IS CONCERNED (ANNEXURE-G), DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE14OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES MADE THEREUNDER. In W.P.No.7387/2016 BETWEEN: MATRIX AUTO VENTURES A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE NO.8-181(E), MATRIC DIYA, UDUPI MANIPAL ROAD SHIVALLI VILLAGE, KUNJIBETTU, UDUPI-576102 REPRESENTED BY ITS PARTNERS i) SHRI D.RAJENDRA KUMAR AGE: MAJOR. ii) Dr. NEETHA R. KUMAR AGE: MAJOR. (BY SRI SACHIN B.S., ADV.) ... PETITIONER22AND:

1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LABOUR, VIDHANA SOUDHA, BANGALORE – 560 001.

2. ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU) NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD, HOODI, M.D. PURA, BANGALORE – 560 048 REP. BY ITS PRESIDENT SHRI S. BALAKRISHNAN. ... RESPONDENTS (BY SRI D.ASWATHAPPA, AGA FOR R1; SRI S. BALAKRISHNAN, PARTY–IN-PERSON FOR R2) W.P.NO.7387/2016 IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED3007.2015 ISSUED BY1T RESPONDENT AT ANNEXURE-A. In W.P.No.7391/2016 BETWEEN: AUTO MATRIX A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE NO.4-1-1/1 & 3, MANJUSHA, BEJAI, MANGALORE – 575 004 D.K. DISTRICT REPRESENTED BY PARTNERS i) SHRI D. RAJENDRA KUMAR AGE52YEARS. ... PETITIONER23ii) D.HARSHENDRA KUMAR AGE49YEARS. iii) Dr. NEETHA R. KUMAR AGE50YEARS. (BY SRI SACHIN B.S., ADV.) AND:

1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LABOUR, VIDHANA SOUDHA, BANGALORE – 560 001.

2. ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU) NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD, HOODI, M.D. PURA, BANGALORE – 560 048 REP. BY ITS PRESIDENT SHRI S. BALAKRISHNAN. ... RESPONDENTS (BY SRI D.ASWATHAPPA, AGA FOR R1; SRI S. BALAKRISHNAN, PARTY–IN-PERSON FOR R2) W.P.NO.7391/2016 IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED3007.2015 ISSUED BY1T RESPONDENT AS PER ANNEXURE-A. In W.P.Nos.7453-7458/2016 BETWEEN:

1. KARNATAKA SMALL SCALE INDUSTRIES ASSOCIATION (KASSIA) NO.2/106, 17TH CROSS, MAGADI CHORD ROAD, VIJAYANAGAR, 24 2. 3.

4. 5.

6. BANGALORE – 560 040 REP. BY ITS HONORARY GENERAL SECRETARY SRI K.B. ARASAPPA. THE MANGALORE TRADING ASSOCIATION PVT. LTD., PROPRIETOR OF SHARADA PRESS CAR STREET, MANGALORE-575001 REP. BY ITS DIRECTOR SRI V. GANESH KAMATH. M/s. PREMA SAI PRINTERS AND PUBLISHERS SHED NO.C-26, INDUSTRIAL ESTATE, YEYYADI MANGALORE-575008 REP. BY ITS DIRECTOR SRI R.SUMANTH PAI. M/s. SHRATHI PRINTERS AND PUBLISHERS INDUSTRIAL AREA BAIKAMPADY MANGALORE-575010 REP. BY ITS MANAGING DIRECTOR SRI P.MOHANDAS BHANDARY M/s. GANESH PRINTERS LOWER CAR STREET KAMBADPALLI ROAD, BUNDER MANGALORE-575001 REPRESENTED BY ITS PARTNER SRI SUSHIL PAI. M/s. CODEWORD PROCESS AND PRINTERS SHED NO.C-18, INDUSTRIAL ESTATE, YEYYADI, MANGALORE-575008 REPRESENTED BY ITS PARTNER SRI RAJESH DANGE. (BY SRI S.N. MURTHY, SENIOR ADV. FOR SRI SOMASHEKAR, ADV.) ...PETITIONERS251. AND: THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LABOUR, VIKAS SOUDHA, BANGALORE-560001. THE COMMISSIONER OF LABOUR IN KARNATAKA BANNERGHATTA ROAD, BANGALORE-560029. THE PRESIDENT ALL INDIA TRADE UNION CONGRESS6 SIRUR PARK ROAD, SESHADRIPURAM, BANGALORE-560020. THE PRESIDENT CENTRE OF INDIAN TRADE UNIONS (CITU) JYOTHI BASU BHAVANA WEST ANJANEYA TEMPLE STREET BASAVANAGUDI BANGALORE-560004. THE PRESIDENT BHARITIYA MAZDOOR SANGH NO.458, OTC ROAD, COTTONPET BANGALORE-560053. 4.

2.

3. 5.

6.

7. VIKRAM PRINT ‘N’ PACK PLOT NO.160B, INDUSTRIAL AREA BAIKAMPADY NEW MANGALORE – 11 REPRESENTED BY ITS PROPRIETOR SRI VIKRAM S. KAMATH S/O. LATE V. SRINIVAS KUMATH. THE MANGALORE PRESS (A REGISTERED PARTNERSHIP FIRM) NO.12-4-337, CAR STREET MANGALORE – 575 001 REPRESENTED BY ITS PARTNER8 9.

10. 26 SRI M. VISHNUMOORTHY PRABHU S/O. LATE M. BABU RAYA PRABHU. UDAYA PRINTERY AND PUBLICATIONS (P) LTD., KODIABAIL MANGALORE – 03 REPRESENTED BY ITS MANAGING DIRECTOR SRI S. VIJAYA RAO S/O. S. NARAYANA RAO. PRAKASH OFFSET PRINTERS (A REGISTERED PARTNERSHIP FIRM) PLOT NO.164, BAIKAMPADY INDUSTRIAL AREA MANGALORE – 11 REPRESENTED BY ITS MANAGING DIRECTOR SRI P. RAGHUVEER NAYAK S/O. LATE MOHAN DAS NAYAK. THE CANARA PRINTING & PUBLISHING HOUSE PRIVATE LTD., PLOT NO.161/A, INDUSTRIAL AREA, BAIKAMPADY, NEW MANGALORE – 575011 REPRESENTED BY ITS MANAGING DIRECTOR SRI VIKRAM S. KAMATH S/O. LATE V. SRINIVAS KAMATH.

11. ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU) NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD, HOODI, M.D. PURA, BANGALORE – 560 048 REP. BY ITS PRESIDENT SHRI S. BALAKRISHNAN. (BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SRI K.B.NARAYANA SWAMY, ADV. FOR R3 SRI K.M. PRAKASH, ADV. FOR R6 to R10; SRI S. BALAKRISHNAN, PARTY-IN-PERSON FOR R11; R4 & R5 ARE SERVED BUT UNREPRESENTED) ... RESPONDENTS27W.P.Nos.7453-7458/2016 ARE FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED0308.2015 AS AT ANNEXURE-B. In W.P.Nos.7459-7465/2016 BETWEEN:

1. KARNATAKA OFFSET PRINTERS ASSOCIATION9051, 2ND FLOOR TOPTEC BUILDING, 2ND MAIN RAJAJINAGAR INDUSTRIAL TOWN BANGALORE-560 044 REPRESENTED BY ITS GENERAL SECRETARY SRI SHIVRAJ J.

SHETTY.

2. 3.

4. FEDERATION OF KARNATAKA CHAMBERS OF COMMERCE AND INDUSTRY P.B.NO.9996, K.G. ROAD BANGALORE-560 009 REPRESENTED BY ITS SECRETARY SRI M.LOKARAJ M/s. CARTO PRINTS (P) LTD., NO.58, G.B. PALYA KUDLU GATE, HOSUR ROAD (BEHIND KEB OFFICE) BANGALORE-560 068 REPRESENTED BY ITS MANAGING DIRECTOR SRI KAILASH PODDAR. LOTUS PRINTERS (P) LTD., # 32/25, 2ND MAIN SIR M.V. INDUSTRIAL TOWN RAJAJINAGAR BANGALORE-560 044 REPRESENTED BY ITS DIRECTOR SRI MANJUNATH D. PATIL5 6.

7. 28 M/s. MYSORE PLASTICS AND CERAMICS (P) LTD., PRINTING DIVISION NO.A-110, INDUSTRIAL ESTATE RAJAJINAGAR BANGALORE-560 044 REPRESENTED BY ITS DIRECTOR SRI SURENDRANATH B.K. M/s. SHRADDHA SABURI PRINTERS PVT. LTD., NO.224, PEENYA INDUSTRIAL AREA BANGALORE-560 058 REPRESENTED BY ITS DIRECTOR SRI R.BHASKARAN. M/s. ESSCEE ENTERPRISES NO.26, 4TH MAIN, 6TH CORSS INDUSTRIAL TOWN, RAJAJINAGAR BANGALORE-560 044 REPRESENTED BY ITS MANAGING PARTNER SRI CHANDRASHEKAR. (BY SRI S.N. MURTHY, SENIOR ADV. FOR SRI SOMASHEKAR, ADV.) ... PETITIONERS1 3. AND: THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LABOUR VIKAS SOUDHA BANGALORE-560 001. THE COMMISSIONER OF LABOUR IN KARNATAKA BANNERGHATTA ROAD BANGALORE-560 029. THE PRESIDENT ALL INDIA TRADE UNION CONGRESS6 SIRUR PARK ROAD SESHADRIPURAM BANGALORE-560 020.

2.

4. 5.

6. 29 THE PRESIDENT CENTRE OF INDIAN TRADE UNIONS (CITU) JYOTHI BASU BHAVANA WEST ANJANEYA TEMPLE STREET BASAVANAGUDI BANGALORE-56O004 THE PRESIDENT BHARATIYA MAZDOOR SANGHA NO.458, OTC ROAD COTTONPET BANGALORE-560 053. ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU) NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD, HOODI, M.D. PURA, BANGALORE – 560 048 REP. BY ITS PRESIDENT SHRI S. BALAKRISHNAN. ... RESPONDENTS (BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SRI K. SUBBA RAO, SENIOR ADV. FOR SRI K.N. SATEESHA, ADV. FOR R4; SRI S. BALAKRISHNAN, PARTY-IN-PERSON FOR R6; NOTICE TO R3 AND R5 IS SERVED) W.P.Nos.7459-7465/2016 ARE FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED0308.2015 AT ANNEXURE-B. In W.P.No.7556/2016: BETWEEN: BOARD OF MANAGEMENT KLE SOCIETY, COLLEGE ROAD, 30 BELGAUM-590 001, REPRESENTED BY ITS SECRETARY. ... PETITIONER (BY SRI S.S. NAGANAND, SENIOR ADV. FOR SRI B.C.PRABHAKAR, ADV.) AND:

1. THE SECRETARY LABOUR DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560 001. THE LABOUR COMMISSIONER GOVERNMENT OF KARNATAKA, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560 029. PRESIDENT ALL INDIA TRADE UNION CONGRESS (AITUC), NO.27, 6TH CROSS, 4TH MAIN, MALLESHWARAM, BENGALURU-560 003. BHARATIYA MAZADOR SANGHA NO.458, OTC ROAD, COTTONPET, BENGALURU-560 053 REPRESENTED BY ITS SECRETARY. CITU NO.40/5, 2ND B MAIN ROAD, 16TH CROSS, SAMPANGIRAM NAGAR, BENGALURU-560 027, REPRESENTED BY GENERAL SECRETARY. GARMENTS & TEXTILE WORKERS UNION NO.17/1, 1ST FLOOR, HOSAGUDDADAHALLI BUS STOP, 2. 3.

4. 5.

6. 31 7.

8.

9. MYSORE ROAD, BENGALURU-560 026 REPRESENTED BY ITS PRESIDENT. KARNATAKA STATE HOTEL WORKERS WELFARE ASSOCIATION, NO.118, 4TH CROSS, 16TH MAIN ROAD, J.C. NAGAR, BENGALURU-560 086 REPRESENTED BY ITS GENERAL SECRETARY. KARNATAKA ESTATE LABOUR UNION JAYAPURA, KOPPA TALUK, CHIKMAGALUR DISTRICT REPRESENTED BY ITS PRESIDENT. KARNATAKA STATE GOVERNMENT HOSTELS & RESIDENTIAL SCHOOLS OUTSOURCED EMPLOYEES UNION REPRESENTED BY ITS PRESIDENT NO.37/A, 8TH CROSS, MAHALAKSHMI LAYOUT, BANGALORE – 560 086. R9 AMENDED VIDE COURT

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DATED1006.2016. ... RESPONDENTS (BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SRI CLIFTON D’ ROZARIO, ADV. FOR R6; SRI K. SUBBA RAO, SENIOR ADV. FOR SRI K.N. SATEESHA, ADV. FOR R5 & R9; NOTICE TO R3, R4, R7 & R8 SERVED) W.P.No.7556/2016 IS FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS LEADING TO ISSUANCE OF NOTIFICATION DATED0308.2015 ISSUED BY1T RESPONDENT IN SO FAR AS THE EMPLOYMENT IN COLLEGE HOSTELS IS CONCERNED AT ANNEXURE-D; QUASH ISSUED BY1T THE NOTIFICATION DATED0308.2015 RESPONDENT IN SO FAR AS THE EMPLOYMENT IN COLLEGE32HOSTELS IS CONCERNED AT ANNEXURE-D, DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE14OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES MADE THEREUNDER. In W.P.Nos.8196-8199/2016 BETWEEN:

1. MANIPAL TECHNOLOGIES LTD., UDAYAVANI BUILDING PRESS CORNER MANIPAL-576 104 REPRESENTED BY ITS COMPANY SECRETARY Mr. BINOD KUMAR MANDAL.

2. 3.

4. MCT CARDS & TECHNOLOGY PVT. LTD., UDAYAVANI BUILDING PRESS CORNER MANIPAL-576 104 REPRESENTED BY ITS CHIEF FINANCIAL OFFICER Mr. RAMNATH PAI. MANIPAL UTILITY PACKAGING SOLUTIONS PVT. LTD., UDAYAVANI BUILDING PRESS CORNER MANIPAL-576 104 REPRESENTED BY ITS CHIEF FINANCIAL OFFICER Mr. MANOJ MADIVALA. MANIPAL PRAKASHAN LTD., UDAYAVANI BUILDING PRESS CORNER MANIPAL-576 104 REPRESENTED BY ITS OFFICER Mr. PRAKASH PRABHU G. ... PETITIONERS (BY SRI VIVEK HOLLA, ADV.) 33 AND:

1.

2.

3. STATE OF KARNATAKA REPRESENTED BY THE SECRETARY LABOUR DEPARTMENT M.S. BUILDING BANGALORE-560 001. THE LABOUR COMMISSIONER GOVERNMENT OF KARNATAKA KARMIKA BHAVAN BANNERGHATTA ROAD BANGALORE-560 029. ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU) NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD, HOODI, M.D. PURA, BANGALORE – 560 048 REP. BY ITS PRESIDENT SHRI S. BALAKRISHNAN. R3 DELETED VIDE

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DATED2806.2016. ... RESPONDENTS (BY SRI D.ASWATHAPPA, AGA FOR R1 & R2; R3 DELETED VIDE

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DATED2806.2016) W.P.Nos.8196-8199/2016 ARE FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED0308.2015 PASSED BY THE1T RESPONDENT VIDE ANNEXURE-B. In W.P.No.10069/2016 BETWEEN: CHROME MOTORS NO.320/4, MYSORE ROAD, OPP. BHEL34BENGALURU-560039 REPRESENTED BY ITS PARTNER. ... PETITIONER (BY SRI S.S. NAGANAND, SENIOR ADV. FOR SRI B.C.PRABHAKAR, ADV.) AND:

1. THE SECRETARY LABOUR DEPARTMENT GOVERNMENT OF KARNATAKA VIKASA SOUDHA, BENGALURU-560001. THE LABOUR COMMISSIONER GOVERNMENT OF KARNATAKA KARMIKA BHAVANA BANNERGHATTA ROAD BENGALURU56002. PRESIDENT ALL INDIA TRADE UNION CONGRESS (AITUC) NO.27, 6TH CROSS, 4TH MAIN, MALLESHWARAM, BENGALURU-560003.

2. 3.

4. ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU) NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD, HOODI, M.D. PURA, BANGALORE – 560 048 REP. BY ITS PRESIDENT SHRI S. BALAKRISHNAN. R4 IS IMPLEADED VIDE

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DATED0606.2016. (BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SRI V.R. DATAR, ADV. FOR R3; SRI S. BALAKRISHNAN, PARTY-IN-PERSON FOR R4) ... RESPONDENTS35W.P.No.10069/2016 IS FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS LEADING TO THE ISSUANCE OF NOTIFICATION DATED3007.2015 ISSUED BY THE1T RESPONDENT IN SO FAR AS THE EMPLOYMENT IN AUTOMOBILE ENGINEERING INDUSTRY (INCLUDING SERVICING AND REPAIRING WORKS) IS CONCERNED (ANNEXURE-D); QUASH THE NOTIFICATION DATED3007.2015 ISSUED BY THE1T RESPONDENT IN SO FAR AS THE EMPLOYMENT IN AUTOMOBILE ENGINEERING INDUSTRY (INCLUDING SERVICING AND REPAIRING WORKS) IS CONCERNED (ANNEXURE-D), DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE14OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT1948AND RULES MADE THEREUNDER. In W.P.Nos.11109-11110/2016 BETWEEN:

1. TATA MOTORS LTD., NH-4, BELUR INDUSTRIAL AREA MUMMIGATTI POST, P.B.ROAD DHARWAD -580 001 REPRESENTED BY ITS HEAD – HUMAN RESOURCES.

2. TATA MARCOPOLO MOTORS LTD., BELUR INDUSTRIAL AREA, GARAG ROAD MUMMIGATTI POST, SH73 DHARWAD-580011 REPRESENTED BY ITS LEGAL MANAGER. ... PETITIONERS (BY SRI S.S. NAGANAND, SENIOR ADV. FOR SRI B.C. PRABHAKAR, ADV.) AND:

1. THE SECRETARY LABOUR DEPARTMENT, 36 GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560 001. THE LABOUR COMMISSIONER GOVERNMENT OF KARNATAKA, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560 029. PRESIDENT ALL INDIA TRADE UNION CONGRESS (AITUC), NO.27, 6TH CROSS, 4TH MAIN, MALLESHWARAM, BENGALURU-560 003. BHARATIYA MAZADOR SANGHA NO.458, OTC ROAD, COTTONPET, BENGALURU-560 053 REPRESENTED BY ITS SECRETARY. CITU NO.40/5, 2ND B MAIN ROAD, 16TH CROSS, SAMPANGIRAM NAGAR, BENGALURU-560 027, REPRESENTED BY GENERAL SECRETARY. GARMENTS & TEXTILE WORKERS UNION NO.17/1, 1ST FLOOR, HOSAGUDDADAHALLI BUS STOP, MYSORE ROAD, BENGALURU-560 026. KARNATAKA STATE HOTEL WORKERS WELFARE ASSOCIATION, NO.118, 4TH CROSS, 16TH MAIN ROAD, J.C. NAGAR, BENGALURU-560 086. KARNATAKA ESTATE LABOUR UNION JAYAPURA, KOPPA TALUK, 2. 3.

4. 5.

6. 7.

8. 37 9. CHIKMAGALUR DISTRICT – 577 101. REPRESENTED BY ITS PRESIDENT. ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU) NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD, HOODI, M.D. PURA, BANGALORE – 560 048 REP. BY ITS PRESIDENT SHRI S. BALAKRISHNAN. R9 AMENDED VIDE COURT

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DATED0606.2016. ... RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R1 & R2; SMT. MANGALAMBA RAO H., ADV. FOR R4; SRI ADITYA CHATTERJEE, ADV. FOR R5; SRI CLIFTON D’ ROZARIO, ADV. FOR R6; NOTICE TO R3, R7 & R8 SERVED; SRI BALAKRISHNAN, PARTY-IN-PERSON FOR R9) IN AUTOMOBILE ENGINEERING W.P.Nos.11109-11110/2016 ARE FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS LEADING TO ISSUANCE OF NOTIFICATION DATED3007.2015 ISSUED BY1T RESPONDENT IN SO FAR AS THE INDUSTRY EMPLOYMENT (INCLUDING SERVICING AND REPAIRING WORKS) IS CONCERNED (ANNEXURE-D); QUASH THE NOTIFICATION DATED3007.2015 ISSUED BY THE1T RESPONDENT IN SO FAR AS THE EMPLOYMENT IN AUTOMOBILE ENGINEERING INDUSTRY (INCLUDING SERVICING AND REPAIRING WORKS) IS CONCERNED (ANNEXURE-D), DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE14OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT1948AND RULES MADE THEREUNDER. 38 In W.P.Nos.12837-12855/2016 BETWEEN:

1.

2. 3.

4.

5. PERFECT ALLOYS COMPONENTS (P) LTD., NAVALE SAVALANGA ROAD, SHIMOGA-577204 REPRESENTED BY ITS DIRECTOR SRI B.C. NANJUNDA SETTY AGED ABOUT72YEARS. TECHNO RINGS B1, INDUSTRIAL ESTATE, SAGAR ROAD, SHIMOGA-577 204 RERPESENTED BY ITS PARTNER SRI B/N. SATHYANARAYA, AGED ABOUT83YEARS. SREE SHIVA SAI CAST PVT. LTD., SURVEY NO.57, GEJJENAHALLI, SHIMOGA-577 204 REPRESENTED BY ITS DIRECTOR SRI M. SUMANTH AGED ABOUT32YEARS. FOCUS DIRECAST PVT. LTD., C-31, KSSIDC, INDL. ESTATE, SAGAR ROAD, SHIMOGA-577204 REPRESENTED BY ITS DIRECTOR SRI PRAMOD M. INAMDAR AGED ABOUT42YEARS VOLMAC CASTING PVT. LTD., B-3, KKSIDC, INDL ESTATE, SAGAR ROAD, SHIMOGA-577204 REPRESENTED BY ITS DIRECTOR SRI VINAY S. JOSHI AGED ABOUT36YEARS.

6. 7.

8. 9.

10. 39 BHUMIKA ALLOY CASTING PVT. LTD., SRIRAMPURA VILLAGE, SAGAR ROAD, SHIMOGA-577204 REPRESENTED BY ITS DIRCTOR SRI H.R. DEEPAK AGED ABOUT40YEARS. SREE S.G.K. INDUSTRIES C-15, INDL. ESTATE, SAGAR RAOD, SHIMOGA-577204 REPRESENTED BY ITS PROPRIETOR SRI B.C. NANJUNDASETTY AGED ABOUT72YEARS. SHANTHALA SPHERO CAST PVT. LTD., NO.36-B, SHIMOGA BHADRAVATHI INDL. AREA, MACHENAHALLI, SHIMOGA-577222 REPRESENTED BY ITS DIRECTOR SRI D.B. ASHOK AGED ABOUT44YEARS. ESHWAR STEELTECH PVT. LTD., NO.47A & 47B, SHIVAMOGGA BHADRAVATHI INDL. AREA, MACHENAHALLI, NIDIGE-577222 REPRESENTED BY ITS DIRECTOR SRI J.

LOKESH AGED ABOUT49YEARS. PRAGATHI STEEL CASTINGS PVT. LTD., NO.41 & 42, SHIMOGGA BHADRAVATHI INDUSTRIAL AREA, MACHENAHALLI, NIDIGE-577222 REPRESENTED BY ITS DIRECTOR SRI D.B. ASHOK AGED ABOUT44YEARS. 40 11. VIJAY TECHNOCRAFT PVT. LTD., 12. NO.33-A, SHIMOGA BHADRAVATHI INDL. AREA, MACHENAHALLI, NIDIGE-577222 REPRESENTED BY ITS DIRECTOR SRI D.B. ASHOK AGED ABOUT44YEARS. JAYALAKSHMI MALLABLES18B, KIADB INDL. AREA MACHENAHALLI, SHIMOGA-577222 REPRESENTED BY ITS PARTNER SRI V. SRINIVAS AGED ABOUT67YEARS.

13. NAETEK FERROCASTINGS PVT. LTD., 31, EFT, SHIMOGA-BHADRAVATHI INDUSTRIAL AREA, MACHENAHALLI, NIDIGE-577 222 REPRESENTED BY ITS MANAGING DIRECTOR SRI M.N. SURESH AGED ABOUT67YEARS.

14. RENUKA DUCTILE & GREY IRON FOUNDRY PVT. LTD., PLOT NO.19C, KIADB INDL. AREA, MACHENAHALLI, NIDIGE POST, SHIMOGA-577222 REPRESENTED BY ITS DIRECTOR SRI J.

UMESH AGED ABOUT42YEARS.

15. VASAVI FOUNDARY PVT. LTD., B-6, INDUSTRIAL ESTATE, BHADRAVATHI REPRESENTED BY ITS DIRECTOR SRI B.M. RAMESH AGED ABOUT58YEARS.

16. SRI VASAVI TECHNOCAST PVT. LTD., NO.30, ABCD, KIADB INDL. AREA, MACHENAHALLI, 41 SHIMOGA REPRESENTED BY ITS DIRECTOR SRI B.M.RAMESH AGED ABOUT58YEARS.

17. ADISHAKTHI CASTINGS PVT. LTD., PLOT NO.37B, KIADB INDL. ESTATE, NIDIGE INDUSRIAL AREA, MACHENAHALLI, SHIMOGA REPRESENTED BY ITS DIRECTOR SRI M.VEERASHEKAR. M AGED ABOUT47YEARS.

18. SWAYAM ALLOY CASTINGS PVT. LTD., PLOT NO.21EFG/1, KIADB INDL. AREA, MACHENAHALLI, SHIMOGA REPRESENTED BY ITS DIRECTOR SRI L.B. RAVISHANKAR, AGED ABOUT48YEARS. PEARLITE LINERS PVT. LTD., N.T. ROAD, SHIMOGA-577202 REPRESENTED BY ITS DIRECTOR SRI M.VENUGOPAL AGED ABOUT77YEARS.

19. (BY SRI S.S. NAGANAND, SENIOR ADV. FOR SRI B.C. PRABHAKAR, ADV.) AND:

1. THE SECRETARY LABOUR DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560 001. ... PETITIONERS2 3.

4. 5.

6. 7.

8.

9. 42 THE LABOUR COMMISSIONER GOVERNMENT OF KARNATAKA, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560 029. PRESIDENT ALL INDIA TRADE UNION CONGRESS (AITUC), NO.27, 6TH CROSS, 4TH MAIN, MALLESHWARAM, BENGALURU-560 003. BHARATIYA MAZADOR SANGHA NO.458, OTC ROAD, COTTONPET, BENGALURU-560 053. CITU NO.40/5, 2ND B MAIN ROAD, 16TH CROSS, SAMPANGIRAM NAGAR, BENGALURU-560 027, REPRESENTED BY GENERAL SECRETARY. GARMENTS & TEXTILE WORKERS UNION NO.17/1, 1ST FLOOR, HOSAGUDDADAHALLI BUS STOP, MYSORE ROAD, BENGALURU-560 026. KARNATAKA STATE HOTEL WORKERS WELFARE ASSOCIATION, NO.118, 4TH CROSS, 16TH MAIN ROAD, J.C. NAGAR, BENGALURU-560 086. KARNATAKA ESTATE LABOUR UNION JAYAPURA, KOPPA TALUK, CHIKMAGALUR DISTRICT – 577 101. ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU) NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD, HOODI, M.D. PURA, 43 BANGALORE – 560 048 REP. BY ITS PRESIDENT SHRI S. BALAKRISHNAN. R9 AMENDED VIDE COURT

ORDER

DATED0606.2016. ... RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R1 & R2; SMT. MANGALAMBA RAO H., ADV. FOR R4; SRI ADITYA CHATTERJEE, ADV. FOR R5; SRI CLIFTON D’ ROZARIO, ADV. FOR R6; NOTICE TO R3, R7 SERVED; SRI BALAKRISHNAN, PARTY-IN-PERSON FOR R9; SRI K.B. NARAYANA SWAMY, ADV. FOR R8) W.P.Nos.12837-12855/2016 ARE FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS LEADING TO ISSUANCE OF NOTIFICATION DATED0308.2015 ISSUED BY1T RESPONDENT IN SO FAR AS THE EMPLOYMENT IN FOUNDRY IS CONCERNED AT ANNEXURE-C; QUASH THE NOTIFICATION DATED0308.2015 ISSUED BY1T RESPONDENT IN SO FAR AS THE EMPLOYMENT IN FOUNDRY IS CONCERNED AT ANNEXURE-C, DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE14OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES MADE THEREUNDER. In W.P.Nos.13207-13213/2016 BETWEEN:

1. SHREE LAKSHMI FOUNDRY NO.200, OLD HARLAPUR VILLAGE, GUTTUR POST, HARIHARA-577 601, REPRESENTED BY ITS PARTNER SRI M.R. SATYANARAYAN, AGED ABOUT70YEARS.

2. 3.

4. 5.

6. 44 CENTRICAST FOUNDERS C-36, K.S.S.I.D.C., INDUSTRIAL ESTATE, DAVANAGERE-577 005, REPRESENTED BY ITS PROPRIETOR SRI H.M. VINEETH, AGED ABOUT50YEARS. HARIHARA HEADS KIADB, PLOT No.22 & 22 (P), HARIAPURA INDUSTRIAL AREA, GUTTUR POST, HARIHAR-577 601, REPRESENTED BY ITS PARTNER SRI N.S. ARUN, AGED ABOUT45YEARS, JAY ENGINEERING INDUSTRIAL ESTATE, YANTRAPUR POST, HARIHAR- 577 601, REPRESENTED BY ITS PARTNER SRI H.M. SWAMY, AGED ABOUT42YEARS. M/s. SMITHA ENTERPRISES PLOT No.CR-5 TO10 INDUSTRIAL ESTATE, YANTRAPUR POST, HARIHAR- 577 601, REPRESENTED BY ITS PROPRIETOR SRI M.S. ARUN, AGED ABOUT45YEARS. VELKAST FOUNDRIES PLOT NO.20A, KIADB INDUSTRIAL AREA, HALE HERIAPUR, HAIAPPANAHALLI ROAD, HARIHAR-577 601, REPRESENTED BY ITS PROPRIETOR SRI RAMASWAMY, AGED ABOUT70YEARS.

7. 45 PRADEEP ENTERPRISES PLOT No.N-7, INDUSTRIAL ESTATE, YANTRAPUR POST, HARIHAR-577 601, REPRESENTED BY ITS PROPRIETOR SRI RAMASWAMY, AGED ABOUT70YEARS. ... PETITIONERS (BY SRI S.S. NAGANAND, SENIOR ADV. FOR SRI B.C. PRABHAKAR, ADV.) AND:

1. THE SECRETARY LABOUR DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560 001. THE LABOUR COMMISSIONER GOVERNMENT OF KARNATAKA, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560 029. PRESIDENT ALL INDIA TRADE UNION CONGRESS (AITUC), NO.27, 6TH CROSS, 4TH MAIN, MALLESHWARAM, BENGALURU-560 003. BHARATIYA MAZADOR SANGHA NO.458, OTC ROAD, COTTONPET, BENGALURU-560 053 REPRESENTED BY ITS SECRETARY. CITU NO.40/5, 2ND B MAIN ROAD, 16TH CROSS, SAMPANGIRAM NAGAR, 2. 3.

4.

5. 46 6. 7.

8. BENGALURU-560 027, REPRESENTED BY GENERAL SECRETARY. GARMENTS & TEXTILE WORKERS UNION NO.17/1, 1ST FLOOR, HOSAGUDDADAHALLI BUS STOP, MYSORE ROAD, BENGALURU-560 026 REPRESENTED BY ITS PRESIDENT. KARNATAKA STATE HOTEL WORKERS WELFARE ASSOCIATION, NO.118, 4TH CROSS, 16TH MAIN ROAD, J.C. NAGAR, BENGALURU-560 086 REPRESENTED BY ITS GENERAL SECRETARY. KARNATAKA ESTATE LABOUR UNION JAYAPURA, KOPPA TALUK, CHIKMAGALUR DISTRICT – 577 101 REPRESENTED BY ITS PRESIDENT. ... RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R1 & R2; SRI ADITYA CHATTERJEE, ADV. FOR R5; SRI CLIFTON D’ ROZARIO, ADV. FOR R6; NOTICE TO R3, R4, R7 & R8 IS SERVED) W.P.Nos.13207-13213/2016 ARE FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS LEADING TO ISSUANCE OF NOTIFICATION DATED0308.2015 ISSUED BY1T RESPONDENT IN SO FAR AS THE EMPLOYMENT IN FOUNDRY IS CONCERNED AT ANNEXURE-C; QUASH THE NOTIFICATION DATED0308.2015 ISSUED BY1T RESPONDENT IN SO FAR AS THE EMPLOYMENT IN FOUNDRY IS CONCERNED AT ANNEXURE-C, DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE14OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES MADE THEREUNDER. 47 In W.P.NO.13887/2016 BETWEEN: BOARD OF MANAGEMENT KLE SOCIETY, COLLEGE ROAD, BELGAUM-590 001, REPRESENTED BY ITS SECRETARY. ... PETITIONER (BY SRI S.S. NAGANAND, SENIOR ADV. FOR SRI B.C.PRABHAKAR, ADV.) AND:

1. THE SECRETARY LABOUR DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560 001. THE LABOUR COMMISSIONER GOVERNMENT OF KARNATAKA, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560 029. PRESIDENT ALL INDIA TRADE UNION CONGRESS (AITUC), NO.27, 6TH CROSS, 4TH MAIN, MALLESHWARAM, BENGALURU-560 003.

2. 3.

4.

5. BHARATIYA MAZADOR SANGHA NO.458, OTC ROAD, COTTONPET, BENGALURU-560 053. CITU NO.40/5, 2ND B MAIN ROAD, 16TH CROSS, SAMPANGIRAM NAGAR, 48 6. 7.

8.

9. BENGALURU-560 027, REPRESENTED BY GENERAL SECRETARY. GARMENTS & TEXTILE WORKERS UNION NO.17/1, 1ST FLOOR, HOSAGUDDADAHALLI BUS STOP, MYSORE ROAD, BENGALURU-560 026. KARNATAKA STATE HOTEL WORKERS WELFARE ASSOCIATION, NO.118, 4TH CROSS, 16TH MAIN ROAD, J.C. NAGAR, BENGALURU-560 086. KARNATAKA ESTATE LABOUR UNION JAYAPURA, KOPPA TALUK, CHIKMAGALUR DISTRICT – 577 101. ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU) NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD, HOODI, M.D. PURA, BANGALORE – 560 048 REP. BY ITS PRESIDENT SHRI S. BALAKRISHNAN. R9 AMENDED VIDE COURT

ORDER

DATED0606.2016. ... RESPONDENTS (BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SRI K.B. NARAYANA SWAMY, ADV. FOR R3; SMT. MANGALAMBA RAO H., ADV. FOR R4; SRI ADITYA CHATTERJEE FOR M/s. KEYSTONE PARTNERS, ADVS. FOR R5; SRI CLIFTON D’ ROZARIO, ADV. FOR R6; R7 & R8 SERVED BUT UNREPRESENTED; SRI BALAKRISHNAN, PARTY-IN-PERSON FOR R9) 49 IN PRINTING PRESS W.P.No.13887/2016 IS FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS LEADING TO ISSUANCE OF NOTIFICATION DATED0308.2015 ISSUED BY1T RESPONDENT IN SO FAR AS THE EMPLOYMENT IS CONCERNED AT ANNEXURE-C; QUASH THE NOTIFICATION DATED0308.2015 ISSUED BY1T RESPONDENT IN SO FAR AS THE EMPLOYMENT IN PRINTING PRESS IS CONCERNED AT ANNEXURE-C, DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE14OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES MADE THEREUNDER. In W.P.Nos.14259-14260/2016 BETWEEN:

1. KHT AGENCIES PVT. LTD., NO.10, MISSION ROAD, SUBBAIAH CIRCLE, BENGALURU – 560 027 REPRESENTED BY ITS DIRECTOR Mr. ADIT MOZARIA, AGED ABOUT35YEARS.

2. MORZARIA REALTECH (P) LTD., NO.305, II CROSS, 5TH MAIN, PEENYA INDUSTRIAL AREA, IV STAGE, BENGALURU – 560 058 REPRESENTED BY ITS DIRECTOR Mr. ADIT MOZARIA, AGED ABOUT35YEARS. (BY SRI S.S. NAGANAND, SENIOR ADV. FOR SRI B.C.PRABHAKAR, ADV.) AND:

1. THE SECRETARY LABOUR DEPARTMENT, GOVERNMENT OF KARNATAKA, ... PETITIONERS50VIKASA SOUDHA, BENGALURU-560 001. THE LABOUR COMMISSIONER GOVERNMENT OF KARNATAKA, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560 029. PRESIDENT ALL INDIA TRADE UNION CONGRESS (AITUC), NO.27, 6TH CROSS, 4TH MAIN, MALLESHWARAM, BENGALURU-560 003. BHARATIYA MAZADOR SANGHA NO.458, OTC ROAD, COTTONPET, BENGALURU-560 053. CITU NO.40/5, 2ND B MAIN ROAD, 16TH CROSS, SAMPANGIRAM NAGAR, BENGALURU-560 027, REPRESENTED BY GENERAL SECRETARY. GARMENTS & TEXTILE WORKERS UNION NO.17/1, 1ST FLOOR, HOSAGUDDADAHALLI BUS STOP, MYSORE ROAD, BENGALURU-560 026. KARNATAKA STATE HOTEL WORKERS WELFARE ASSOCIATION, NO.118, 4TH CROSS, 16TH MAIN ROAD, J.C. NAGAR, BENGALURU-560 086. KARNATAKA ESTATE LABOUR UNION JAYAPURA, KOPPA TALUK, CHIKMAGALUR DISTRICT – 577 101.

2. 3.

4. 5.

6. 7.

8.

9. 51 ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU) NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD, HOODI, M.D. PURA, BANGALORE – 560 048 REP. BY ITS PRESIDENT SHRI S. BALAKRISHNAN. R9 AMENDED VIDE COURT

ORDER

DATED0606.2016. ... RESPONDENTS (BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SMT. MANGALAMBA RAO H., ADV. FOR R4; SRI ADITYA CHATTERJEE, ADV. FOR R5; SRI CLIFTON D’ ROZARIO, ADV. FOR R6; R3, R7 & R8 SERVED; SRI BALAKRISHNAN, PARTY-IN-PERSON FOR R9) INDUSTRY W.P.Nos.14259-14260/2016 ARE FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS LEADING TO THE ISSUANCE OF NOTIFICATION DATED3007.2015 ISSUED BY THE1T RESPONDENT IN SO FAR AS THE EMPLOYEMENT IN AUTOMOBILE ENGINEERING INDUSTRY [INCLUDING SERVICING AND REPAIRING WORKS]. IS CONCERNED AT ANNEXURE-D AND QUASH THE ISSUED BY THE1T NOTIFICATION DATED3007.2015 RESPONDENT IN SO FAR AS THE EMPLOYMENT IN AUTOMOBILE ENGINEERING (INCLUDING SERVICING AND REPAIRING WORKS) IS CONCERNED AT ANNEXURE-D, DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE14OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES MADE THEREUNDER. In W.P.Nos.15120-15126/2016 BETWEEN:

1. SHIMOGA PISTON RINGS P. LTD., 21-H, KIADB INDUSTRIAL AREA, 52 MACHENAHALLI NIDIGE POST, SHIMOGA -577 222, REPRESENTED BY ITS DIRECTOR SRI UDAYAKUMAR, AGED ABOUT51YEARS. MALNAD ALLOY CASTINGS PRIVATE LTD., 36-A, SHIMOGA BHADRAVATHI INDUSTRIAL AREA, MACHENAHALLI, SHIMOGA-577 222, REPRESENTED BY ITS MANAGING DIRECTOR SRI Y.V. MADHUKAR JOIS, AGED ABOUT56YEARS. SHIMOGA PRECISION CASTINGS PRIVATE LIMITED61 SHIMOGA BHADRAVATHI INDUSTRIAL AREA, MACHENAHALLI, SHIMOGA - 577 222, REPRESENTED BY ITS MANAGING DIRECTOR SRI Y.V. MADHUKAR JOIS, AGED ABOUT56YEARS. PRARTHANA ENGINEERING P. LTD., NO.25-B, 26A1, 26A2, KIADB INDUSTRIAL AREA, MACHENAHALLI, SHIMOGA-577 222, RERPESENTED BY ITS DIRECTOR SRI B.C. NANDUNDA SETTY, AGED ABOUT72YEARS. SAI KRUPA INDUSTRIES PVT. LTD., SHIMOGA BHADRAVATHI INDUSTRIAL AREA, MACHENAHALLI, NIDGE-577 222, SHIMOGA REPRESENTED BY ITS DIRECTOR SRI B.GANESHA, AGED ABOUT55YEARS. VISHVESHWARAYYA ALLOY CASTINGS PVT. LTD., NO.52, KIADB, MACHENAHALLI INDUSTRIAL AREA, 1ST CROSS, NIDGE POST, SHIMOGA-577 222 REPRESENTED BY ITS DIRECTOR2 3.

4. 5.

6. 53 7. SRI RAGHAVENDRA M.V. AGED ABOUT37YEARS. SVE CASTING PRIVATE LIMITED PLOT NO.1&2, KIADB INDUSTRIAL AREA, ANANTAPUR ROAD, BELLARY-583 101, REPRESENTED BY ITS MANAGING DIRECTOR SRI P. BALAJI, AGED ABOUT55YEARS. (BY SRI S.S. NAGANAND, SENIOR ADV. FOR SRI B.C.PRABHAKAR, ADV.) ... PETITIONERS AND:

1.

2. 3.

4.

5. THE SECRETARY LABOUR DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560 001. THE LABOUR COMMISSIONER GOVERNMENT OF KARNATAKA, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560 029. PRESIDENT ALL INDIA TRADE UNION CONGRESS (AITUC), NO.27, 6TH CROSS, 4TH MAIN, MALLESHWARAM, BENGALURU-560 003. BHARATIYA MAZADOR SANGHA NO.458, OTC ROAD, COTTONPET, BENGALURU-560 053 REPRESENTED BY ITS SECRETARY. CITU (CENTRE OF INDIA TRADE UNION) NO.40/5, 2ND B MAIN ROAD, 16TH CROSS, SAMPANGIRAM NAGAR, 54 6. 7.

8.

9. BENGALURU-560 027, REPRESENTED BY GENERAL SECRETARY. GARMENTS & TEXTILE WORKERS UNION NO.17/1, 1ST FLOOR, HOSAGUDDADAHALLI BUS STOP, MYSORE ROAD, BENGALURU-560 026 REPRESENTED BY ITS PRESIDENT. KARNATAKA STATE HOTEL WORKERS WELFARE ASSOCIATION, NO.118, 4TH CROSS, 16TH MAIN ROAD, J.C. NAGAR, BENGALURU-560 086 REPRESENTED BY ITS GENERAL SECRETARY. KARNATAKA ESTATE LABOUR UNION JAYAPURA, KOPPA TALUK, CHIKMAGALUR DISTRICT – 577 101 REPRESENTED BY ITS SECRETARY. ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU) NO.18, RIYAZ BUILDING, BASAVANAGAR MAIN ROAD, HOODI, M.D. PURA, BANGALORE – 560 048 REP. BY ITS PRESIDENT SHRI S. BALAKRISHNAN. R9 AMENDED VIDE COURT

ORDER

DATED0606.2016. ... RESPONDENTS (BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SMT. MANGALAMBA RAO H., ADV. FOR R4; SRI ADITYA CHATTERJEE, ADV. FOR R5; SRI CLIFTON D’ ROZARIO, ADV. FOR R6; R3, R7 & R8 SERVED; SRI BALAKRISHNAN, PARTY-IN-PERSON FOR R9) 55 W.P.Nos.15120-15126/2016 ARE FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS LEADING TO ISSUANCE OF NOTIFICATION DATED0308.2015 ISSUED BY1T RESPONDENT IN SO FAR AS THE EMPLOYMENT IN FOUNDRY IS CONCERNED AT ANNEXURE-C; QUASH THE NOTIFICATION DATED0308.2015 ISSUED BY1T RESPONDENT IN SO FAR AS THE EMPLOYMENT IN FOUNDRY IS CONCERNED AT ANNEXURE-C, DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE14OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES MADE THEREUNDER. In W.P.Nos.15974-16013/2016 BETWEEN:

1. J.P.F. METACAST PVT. LTD., SY.NO.589 & 607 PLOT NO.7, 16 & 29, MACHHE INDUSTRIAL ESTATE BELGAUM - 590014 REPRESENTED BY ITS MANAGING DIRECTOR SRI PRAKASH PANDIT AGED ABOUT64YEARS. AKP FOUNDRIES PVT. LTD., R.S.NO.689, UDYAMBAG, BELGAUM – 590 008 REPRESENTED BY ITS MANAGING DIRECTOR SRI RAM B. BHANDARE AGED ABOUT69YEARS. AKP FERROCAST PVT. LTD., NO.6663, WAGHWADE ROAD, MACHHE, BELGAVI – 590 014 REPRESENTED BY ITS DIRECTOR Mr. PARAG RAM BHANDARE AGED ABOUT41YEARS.

2. 3.

4. 5.

6. 7.

8.

9. 56 ABHISHEK ALLOYS PVT. LTD., PLOT NO.58, MACHHE INDL. ESTATE BELGAUM – 590 014 REPRESENTED BY ITS DIRECTOR SRI MADHWA ACHARYA AGED ABOUT57YEARS. ALLOYS STEELS PLOT NO.M-27, INDUSTRIAL ESTATE UDAYAMBAG BELGAUM – 590 008 REPRESENTED BY ITS PARTNER Mr. JAYADEV S. DOLLI AGED ABOUT39YEARS. JINESHWAR MALLEABLE & ALLOYS B-14, ANGOL INDUSTRIAL ESTATE RANI CHENNAMMA NAGAR, BELGAUM – 560 008 REPRESENTED BY ITS MANAGING PARTNER Mr. MANOH H.DHAVALESHWAR AGED ABOUT52YEARS. VARSHA IRONS PLOT NO.365, SY.NO.54/7, NAVAGE CROSS, JAMBOTI ROAD, BELGAUM – 590 014 REPRESENTED BY ITS PARTNER Mr. VIJAY M. MUCHANDIKAR AGED ABOUT59YEARS. TRIMURTI FOUNDERS SY.NO.56/4, NAVAGE CROSS JAMBOTI ROAD, BELGAUM – 590 014 REPRESENTED BY ITS PARTNER SRI PRAVIN C. BOGAR AGED ABOUT58YEARS. KAPEEL FOUNDERS PLOT NO.69, UDYAMBAG, BELGAUM – 590 008 REPRESENTED BY ITS PARTNER57Mr. ANANTHA PATIL AGED ABOUT34YEARS.

10. MANGAL FOUNDERS SY.NO.634/1, PLOT NO.7A/7B JAMBOTI ROAD, MACHHE BELGAUM - 590014 REPRESENTED BY ITS PROPRIETOR Mr. RAHU HAIBATTI AGED ABOUT42YEARS.

11. GLOW CAST12 PLOT NO.76 & 104 MACHHE INDUSTRIAL ESTATE BELGAUM - 590014 REPRESENTED BY ITS PROPRIETOR SMT. A.G. MALIYE AGED ABOUT41YEARS. THE ALLIED FOUNDERS PVT. LTD., PLOT NO.L-3, INDL. ESTATE UDYAMBAG, BELGAUM – 590 008 REPRESENTED BY ITS DIRECTOR SRI RAMACHANDRA MALLYA AGED ABOUT36YEARS.

13. GRIHALAXMI METAL INDUSTRIES PLOT NO.13, GOVT INDL. ESTATE, UDAYAMBAG, BELGAUM-590 008, REPRESENTED BY ITS MANAGING PARTNER SRI MARUTHI YELLAPPA KONO, AGED ABOUT61YEARS.

14. AMIT FERRO CAST SY.NO.608/2 & 608/3, MACHHE INDL. ESTATE, MECHHE, BELGAUM-590 014 REPRESENTED BY ITS PARTNER SRI MARUTHI YELLAPPA KONO AGED ABOUT61YEARS. 58 15. REC ENGINEERING PRODUCTS PVT. LTD., RS NO.56/4, JAMBOTI ROAD, NAVAGE CROSS, BELGAUM-590 014, REPRESENTED BY ITS EXECUTIVE DIRECTOR SRI OMKAR C. HASHILKAR, AGED ABOUT30YEARS.

16. BHARAT IRON & STEEL WORKS3711, + 2B, PUNE BANGALORE ROAD, BELGAUM-590 016, REPRESENTED BY ITS MANAGING PARTNER Mr. SUDHIR M. PATIL AGED ABOUT71YEARS.

17. BHARAT IRON WORKS3711 +2B, PUNE BANGALORE ROAD, BELGAUM-590 016 REPRESENTED BY ITS PROPRIETOR Mr. SUNAY S. PATIL AGED ABOUT31YEARS.

18. VINMAR DIESELS PLOT NO.57, MACHHE INDL. ESTATE BEHIND ASHOK PLANT-II, MACHEE, BELGAUM-590 014 REPRESENTED BY ITS PARTNER SRI V.V.YALGI AGED ABOUT75YEARS.

19. M/s. HINDUSTAN ENGINEERS PLOT NO.11, SY.NO.341/2 (689) UDAYAMBAG, BELGAUM-590 008 REPRESENTED BY ITS PARTNER SRI YESHWANT A. MANGALE AGED ABOUT64YEARS.

20. M/s. BELGAUM ALUMINIUM INDUSTRIES PVT. LTD., PLOT NO.8A/8B, SY.NO.34, KIADB INDL. ESTATE, KANGRALE (BD), OPP. INDAL COLI, 59 P.B.ROAD, BELGAUM-560 010 REPRESENTED BY ITS DIRECTOR SRI ARAVIND A. MANGALE AGED ABOUT59YEARS.

21. GOKUL FERROCAST PVT. LTD., 172/2, G.P.NO.509, WAGH WADE, BELGAUM-590 014 REPRESENTED BY ITS JOINT MANAGING DIRECTOR SRI NITIN LANDGE AGED ABOUT46YEARS.

22. DAMODAR ENGINEERING WORKS NO.411, (SY.NO.690) UDAYAMBAG, BELGAUM-570 008 REPRESENTED BY ITS PARTNER SRI SAMEER S. ANGOLKAR AGED ABOUT44YEARS.

23. M/s. VIMAL ENTERPRISES24 25. PLOT NO.53, 54, 54A, MACHHE INDL. AREA, MACHEE, BELAGAUM-590 014 REPRESENTED BY ITS PROPRIETOR SRI VIJAY GULABCHAND LENGADE AGED ABOUT50YEARS. PRABHAT METAL INDUSTRIES4142 DHARWAR ROAD, HOSUR, P.O. SHAHAPUR, BELGAUM- 590 003 REPRESENTED BY ITS PARTNER SRI LAXMAN B. SAINUCHE AGED ABOUT64YEARS. PRABHAT CASTINGS374 P.B.ROAD, HOSUR POST, SHAHAPUR, BELGAUM-590 003 REPRESENTED BY ITS PARTNER SRI LAXMAN B. SAINUCHE AGED ABOUT64YEARS. 60 26. SHANTI IRON & STEEL NO.690, UDAYAMBAG INDL. ESTATE, BELGAUM-590 008 REPRESENTED BY ITS PARTNER SRI SANTOSH K. PORWAL AGED ABOUT40YEARS.

27. MUKUND ISPAT RS NO.58/2, JAMBOTI ROAD, POST NAVAGE, BELGAUM - 590 014 REPRESENTED BY ITS MANAGING PARTNER SRI MUKUND BANG, AGED ABOUT42YEARS.

28. ASHOK IRON WORKS (P) LTD., SPL. PLOT NO.1 & 2 INDUSTRIAL ESTATE, UDAYAMBAG, BELAGUM-590 008 REPRESENTED BY ITS GENERAL MANAGER-HRD SRI PRASHANTH KALE AGED ABOUT43YEARS.

29. MARUTI METALS30 SY. NO.700-1, A/2, (IN FRONT OF ASHOKA IRON) UDAYAMBAG, BELGAUM – 590 008, REPRESENTED BY ITS PROPRIETOR SRI MOHAN M. BHANDURGE AGED ABOUT55YEARS. PROTECH FOUNDERS PVT. LTD., 739/1, "RAJENDRA" KHANAPUR ROAD, UDAYAMBAG, BELGAUM – 590 008 REPRESENTED BY ITS DIRECTOR SRI ANAND A. BOGAR, AGED ABOUT38YEARS.

31. KUDALE IRON WORKS, 709/4, INDL. AREA, RAJARAM NAGAR, 61 32.

33. NEAR GIT COLLEGE, UDAYAMBAG, BELGAUM – 590 008 REPRESENTED BY ITS PARTNER SRI SREENATH S. KUDALE AGED ABOUT42YEARS. TECHNOSYSTEMS C-2, GOVT. INDL. ESTATE, UDAYAMBAG, BELGAUM – 590 008, REPRESENTED BY ITS PARTNER SRI PRADEEP M. KULKARNI AGED ABOUT57YEARS. FLUID METALS (INDIA) PVT. LTD., C/O. OHM INDUSTRIES, C-6, GOVT. INDL ESTATE, UDAYAMBAG, BELGAUM - 590 008 REPRESENTED BY ITS MANAGING DIRECTOR SRI SATISH KESHAVRAO NERLEKAR AGED ABOUT52YEARS.

34. VINSAVI INDOTECHS UNIT-2 PLOT No.M-30, RS NO.8 INDUSTRIAL ESTATE, UDAYAMBAG BELGAUM - 590 008 REPRESENTED BY ITS PROPRIETOR SRI SUNIL BASAWANT KANGALKAR AGED ABOUT48YEARS.

35. SHREE INDUSTRIES PLOT NO.78, NEAR KAPIL INDUSTRIES, BEHIND GANAPATHI TEMPLE, UDAYAMBAG, BELGAUM - 590 008 REPRESENTED BY ITS PROPRIETOR SRI MANOJ MARUTHI RAUL AGED ABOUT53YEARS.

36. ATUNI STEEL CAST PLOT NO.50, MACHHE INDL. ESTATE, MACHHE, BELGAUM - 590 014 62 REPRESENTED BY ITS PROPRIETOR SRI SANCHIT A. KITTUR AGED ABOUT37YEARS.

37. SOUTHERN FERRO STEELS LTD., 172, DHARWAD GROWTH CENTRE, BELUR INDUSTRIAL AREA DHARWAD-580 011 REPRESENTED BY ITS DIRECTOR SRI SHIVANAND NAYAK AGED ABOUT48YEARS.

38. M/s. VICTOR ENTERPRISES M/N16, INDUSTRIAL ESTATE, UDAYAMBAG, BELGAUM – 590 008 REPRESENTED BY ITS PARTNER SRI ADITYA S. PARIKH AGED ABOUT29YEARS.

39. BELGAUM FERROCAST (INDIA) PVT. LTD., PLOT NO.7A, 8A & 8B, R S NO.680/2, BEMCIEL, UDYAMBAG, BELGAVI – 590 008 REPRESENTED BY ITS MANAGING DIRECTOR SRI SACHIN BALKRISHNA SABNIS AGED ABOUT44YEARS.

40. BHARGAV ALLOY CASTING PVT. LTD., NO.29, E & F KIADB INDUSTRIAL AREA MACHENAHALLI, NIDIGE SHIMOGA – 577 222 REPRESENTED BY ITS DIRECTOR SRI VEERANAGOWDA T., AGED ABOUT45YEARS. (BY SRI S.S. NAGANAND, SENIOR ADV. FOR SRI B.C.PRABHAKAR, ADV.) ... PETITIONERS63AND:

1.

2. 3.

4. 5.

6.

7. THE SECRETARY LABOUR DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560 001. THE LABOUR COMMISSIONER GOVERNMENT OF KARNATAKA, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560 029. PRESIDENT ALL INDIA TRADE UNION CONGRESS (AITUC), NO.27, 6TH CROSS, 4TH MAIN, MALLESHWARAM, BENGALURU-560 003. BHARATIYA MAZADOR SANGHA NO.458, OTC ROAD, COTTONPET, BENGALURU-560 053. CITU NO.40/5, 2ND B MAIN ROAD, 16TH CROSS, SAMPANGIRAM NAGAR, BENGALURU-560 027, REPRESENTED BY GENERAL SECRETARY. GARMENTS & TEXTILE WORKERS UNION NO.17/1, 1ST FLOOR, HOSAGUDDADAHALLI BUS STOP, MYSORE ROAD, BENGALURU-560 026. KARNATAKA STATE HOTEL WORKERS WELFARE ASSOCIATION, NO.118, 4TH CROSS, 16TH MAIN ROAD, J.C. NAGAR, BENGALURU-560 086.

8. 64 KARNATAKA ESTATE LABOUR UNION JAYAPURA, KOPPA TALUK, CHIKMAGALUR DISTRICT – 577 101. .. RESPONDENTS (BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SRI K.B. NARAYANA SWAMY, ADV. FOR R3; SMT. MANGALAMBA RAO H., ADV. FOR R4; SRI ADITYA CHATTERJEE FOR M/s. KEYSTONE PARTNERS, ADVS. FOR R5; SRI CLIFTON D’ ROZARIO, ADV. FOR R6; R7 & R8 SERVED BUT UNREPRESENTED) W.P.Nos.15974-16013/2016 ARE FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS LEADING TO ISSUANCE OF NOTIFICATION DATED0308.2015 ISSUED BY1T RESPONDENT IN RESPECT OF THE EMPLOYMENT IN FOUNDRY IS CONCERNED AT ANNEXURE-C; QUASH THE NOTIFICATION DATED0308.2015 ISSUED BY1T RESPONDENT IN RESPECT OF THE EMPLOYMENT IN FOUNDRY IS CONCERNED AT ANNEXURE-C, DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE14OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES MADE THEREUNDER. In W.P.Nos.20312-20313/2016 BETWEEN:

1. THE SOUTH INDIA PLYWOOD MANUFACTURERS ASSOCIATION NO.1 & 2, 5TH MAIN, YADAVGIRI INDUSTRIAL ESTATE, MYSORE – 570 020 REPRESENTED BY ITS PRESIDENT SRI SIRAJ ASGER ALI. THE FRIENDS VENEER & PLY PLOT NO.407 & 408, INDUSTRIAL AREA2 65 BAIKAMPADY, MANGALORE – 575 010 REPRESENTED BY ITS MANAGING PARTNER SRI AJITH PRASAD. ... PETITIONERS (BY SRI S.N. MURTHY, SENIOR ADV. FOR SRI SOMASHEKAR, ADV.) AND:

1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LABOUR VIKAS SOUDHA BANGALORE – 560 001.

2. 3.

4.

5. THE COMMISSIONER OF LABOUR IN KARNATAKA KARMIKA BHAVANA BANNERGHATTA ROAD BANGALORE – 560 029. THE PRESIDENT ALL INDIA TRADE UNION CONGRESS6 SIRUR PARK ROAD, SESHADRIPURAM BANGALORE – 560 020. THE PRESIDENT CENTRE OF INDIA TRADE UNIONS (CITU) JYOTHI BASU BHAVANA WEST ANJANEYA TEMPLE STREET BASAVANAGUDI BANGALORE – 560 004. THE PRESIDENT BHARATIYA MAZDOOR SANGHA NO.458, OTC ROAD, COTTONPET, BANGALORE – 560 053. (BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SRI V.R. DATAR, ADV. FOR R3; ... RESPONDENTS66SRI ADITYA CHATTERJEE, ADV. FOR R4; R5 SERVED) W.P.Nos.20312-20313/2016 ARE FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED3007.2015 AT ANNEXURE-D TO THIS WRIT PETITION. In W.P.Nos.20931-20932/2016 BETWEEN:

1. M/s. L.N.OILS NO.167, C & D, 3RD ROAD, BELUR INDUSTRIAL AREA, DHARWAD - 580 011, REPRESENTED BY ITS MANAGING DIRECTOR Mr. K. SURESH BABU, AGED ABOUT45YEARS. SRI LAXMI SOLVENTS NO.167, BELUR INDL. AREA, DHARWAD-580 011, REPRESENTED BY ITS MANAGING DIRECTOR Mr. K.SURESH BABU, AGED ABOUT45YEARS.

2. ... PETITIONERS (BY SRI S.S. NAGANAND, SENIOR ADV. FOR SRI B.C.PRABHAKAR, ADV.) AND:

1. THE SECRETARY LABOUR DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560 001. THE LABOUR COMMISSIONER GOVERNMENT OF KARNATAKA, 2. 67 KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560 029. PRESIDENT ALL INDIA TRADE UNION CONGRESS (AITUC), NO.27, 6TH CROSS, 4TH MAIN, MALLESHWARAM, BENGALURU-560 003. BHARATIYA MAZADOR SANGHA NO.458, OTC ROAD, COTTONPET, BENGALURU-560 053. CITU NO.40/5, 2ND B MAIN ROAD, 16TH CROSS, SAMPANGIRAM NAGAR, BENGALURU-560 027, REPRESENTED BY GENERAL SECRETARY. GARMENTS & TEXTILE WORKERS UNION NO.17/1, 1ST FLOOR, HOSAGUDDADAHALLI BUS STOP, MYSORE ROAD, BENGALURU-560 026. KARNATAKA STATE HOTEL WORKERS WELFARE ASSOCIATION, NO.118, 4TH CROSS, 16TH MAIN ROAD, J.C. NAGAR, BENGALURU-560 086. KARNATAKA ESTATE LABOUR UNION JAYAPURA, KOPPA TALUK, CHIKMAGALUR DISTRICT – 577 101. 3.

4. 5.

6. 7.

8. (BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SRI K.B. NARAYANA SWAMY, ADV. FOR R7 & R8; R3 to R6 SERVED BUT UNREPRESENTED) ... RESPONDENTS68W.P.Nos.20931-20932/2016 ARE FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS LEADING TO ISSUANCE OF NOTIFICATION DATED0308.2015 ISSUED BY1T RESPONDENT IN SO FAR AS THE EMPLOYMENT IN OIL MILLS IS CONCERNED AT ANNEXURE-C; QUASH THE NOTIFICATION DATED0308.2015 ISSUED BY1T RESPONDENT PERTAINING TO OIL MILLS AT ANNEXURE-C, DECLARING THE SAME AS UNCONSTITUTIONAL AND ULTRA VIRES OF ARTICLE14OF THE CONSTITUTION OF INDIA AND ALSO CONTRARY TO THE PROVISIONS OF MINIMUM WAGES ACT, 1948 AND RULES MADE THEREUNDER. In W.P.No.25215/2016 BETWEEN: BHORUKA STEEL & SERVICES LIMITED REFRACTORY DIVISION, SURVEY NO.34/1, MAHADEVAPURA POST, WHITE FIELD ROAD, BANGALORE – 560 048 REPRESENTED BY ITS MANAGING DIRECTOR SRI R.C. PUROHIT. ... PETITIONER (BY SRI S.N. MURTHY, SENIOR ADV. FOR SRI SOMASHEKAR, ADV.) AND:

1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LABOUR VIKAS SOUDHA BANGALORE – 560 001.

2. THE COMMISSIONER OF LABOUR IN KARNATAKA KARMIKA BHAVANA BANNERGHATTA ROAD BANGALORE – 560 029. 3.

4.

5. 69 THE PRESIDENT ALL INDIA TRADE UNION CONGRESS6 SIRUR PARK ROAD, SESHADRIPURAM BANGALORE – 560 020. THE PRESIDENT CENTRE OF INDIA TRADE UNIONS (CITU) JYOTHI BASU BHAVANA WEST ANJANEYA TEMPLE STREET BASAVANAGUDI BANGALORE – 560 004. THE PRESIDENT BHARATIYA MAZDOOR SANGHA NO.458, OTC ROAD, COTTONPET, BANGALORE – 560 053. ... RESPONDENTS (BY SRI D. ASWATHAPPA, AGA FOR R1 & R2; SRI K.B. NARAYANA SWAMY, ADV. FOR R3; SRI ADITYA CHATTERJEE FOR M/s. KEYSTONE PARTNERS, ADVS. FOR R4; R5 SERVED) W.P.No.25215/2016 IS FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED0308.2015 AT ANNEXURE-B TO THIS WRIT PETITION. THESE PETITIONS HAVING BEEN RESERVED, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

ORDER

Common questions of facts and law arise for consideration in these petitions which were heard together and shall stand disposed of by this Common Order. 70 2. These petitions have been filed by the employer(s), challenging the Notification(s) of the Government of Karnataka, issued in exercise of the power under S.3(1)(b) and S.5(1)(b) of the Minimum Wages Act, 1948 (for short, 'the Act'), revising the rates of minimum wages with respect to scheduled employments, with effect from 01.04.2015.

3. The respondents are the Government of Karnataka in whose name the impugned Notification(s) have been issued and published and the Trade Unions which espoused the cause of employees / sweated labour employed by the petitioners and other employers in the State of Karnataka.

4. The material facts and events which have given rise to these petitions are: that the revision of minimum wages in respect of the scheduled employments in the Automobile Engineering (including service and repair), Foundry, Hospitals, Oil Mills, Printing Press, Ceramics, Stoneware, Pottery Works and Veneer industries 71 in the State of Karnataka having been made on 02.03.2009 and the revision having become due, draft Notification(s) were published on 30.10.2014. Advisory Committee constituted on 05.01.2015 submitted a report dated 27.05.2015. State Government issued the impugned Notification(s) on 30.07.2015 in respect of Automobile Engineering and Veneer industries, and on 03.08.2015 i.e., in respect of the aforesaid other industries.

5. In W.P.Nos.56099-184/2015 filed by M/s.Akshara Motors Pvt. Ltd. and others, interim stay of implementation of the impugned Notification was ordered subject to the condition that the petitioner shall pay 75% of the amount specified for different categories with prospective effect i.e., from the date of the Notification. Ad interim stay of the impugned Notification(s) was ordered in the connected writ petitions, subject to the same condition.

6. The Minimum Wages Act, 1948 was enacted by the Parliament to provide for fixing minimum rates of 72 wages in certain employments. S.2 gives the definitions of various expressions appearing in the Act. Clauses (e), (h) and (i) give the meaning of the words “employer”, “wages” and “employee” respectively. S.3 provides for fixing of the minimum rates of wages by the appropriate Government and to review at certain intervals.

7. S.5 of the Act reads thus: “5. Procedure for fixing and revising minimum wages.- (1) In fixing minimum rates of wages in respect of any scheduled employment for the first time under this Act or in revising minimum rates of wages so fixed, the appropriate Government shall either-- (a) (b) appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or by notification in the Official Gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months from the date of the notification, on which the proposals will be taken into consideration. (2) After considering the advice of the committee or committees appointed under clause (a) of sub-section (1), or as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate Government shall, by notification in the Official Gazette, fix, or, as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such 73 notification otherwise provides, it shall come into force on the expiry of three months from the date of its issue: Provided that where the appropriate Government proposes to revise the minimum rates of wages by the mode specified in clause (b) of sub-section (1), the appropriate Government shall consult the Advisory Board also.” (underlining is mine for emphasis) Thus it is clear, that S.5 of the Act provides the procedure for fixing and / or revising the minimum wages in respect of any scheduled employment. There are two types of procedure indicated in clauses (a) and (b) of sub- section (1). In the present cases, the procedure followed was one provided under clause (b) of sub-section(1).

8. S.7 of the Act pertains to constitution of Advisory Board and reads thus: “7. Advisory Board.- For the purpose of co-ordinating the work of committees and sub-committees appointed under section 5 and advising the appropriate Government generally in the matter of fixing and revising minimum rates of wages, the appropriate Government shall appoint an Advisory Board.” (underlining is mine for emphasis) 74 Thus, it is clear that the Advisory Board can tender advice which is not binding on the Government while fixing the wages or revising the same as the case may be. However, the Government can take into consideration and act on the report of the Advisory Board. But, the Government is not bound to accept the report, as it is, which becomes clear from the ratio of law laid down by the Apex Court in the cases of STATE OF ANDHRA PRADESH Vs. NARAYANA VELUR BEEDI MANUFACTURING FACTORY, reported in (1973) 4 SCC178and STATE OF RAJASTHAN Vs. HARI RAM NATHWANI, reported in (1975) 2 SCC517 9. In the case of MINISTRY OF LABOUR AND REHABILITATION AND ANOTHER Vs. TIFFIN’S BARYTES ASBESTOS AND PAINTS LTD. AND ANOTHER reported in (1985) 3 SCC594 Apex Court has held that the Notification fixing minimum wages is not to be lightly interfered with under Article 226 of the Constitution of India on the ground of some irregularity in constitution of the Committee or in the procedure adopted by the 75 Committee. It has been so stated on account of the fact that the Committee acts only as a recommendatory body and the final Notification fixing / revising wages has to be made by the appropriate Government. It has been further held as follows: “ A Notification fixing minimum wages, in a country where wages are already minimal should not be interfered with under Article 226 of the Constitution except on the most substantial of grounds. The legislation is a social welfare legislation undertaken to further the Directive Principles of State Policy and action taken pursuant to it cannot be struck down on mere technicalities.” 10. Battery of learned Senior Advocates and also learned advocates on record of the cases made extensive submissions and cited large number of decisions in support of their respective contentions. In view of the legal flaw noticed at the end of hearing of the arguments of the learned advocates, rendering the impugned Notifications invalid and vitiated, it is unnecessary to notice the rival contentions and record findings thereon. 76 11. Perused the files of the State Government which led to the issuance of the impugned Notification(s). The question that arises for consideration is, whether a substantial ground exists to strike down the impugned Notification(s)?.

12. The facts not in dispute are, that the previous revision of minimum wages for the scheduled employments in respect of the Industry to which the petitioners belong was made on 02.03.2009. S.3(1)(b) of the Act empowers appropriate Government to review at such intervals, as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates, if necessary. The proviso makes clear that, if, for any reason the appropriate Government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employments within any interval of five years, nothing contained in the clause shall be deemed to prevent the appropriate Government from reviewing the minimum rates after the expiry of the said 77 period of five years and revising them, if necessary, and until they are so revised, the minimum rates in force immediately before the expiry of the said period of five years shall continue in force. It is appropriate to point out that in the case of MANGALORE GANESH BEEDI AND ALLIED BEEDI FACTORIES WORKERS ASSOCIATION Vs. STATE OF KARNATAKA AND OTHERS (2003) 5 KANT L.J.

26 (DB), it has been held, that power has been conferred on the State Government under S.5(2) of the Act to make a Notification revising the wages with retrospective effect.

13. In the present cases, draft Notification(s) proposing the revision of minimum rates of wages of the scheduled employments was published on 30.10.2014. None of the petitioners have raised any objection(s) nor made any suggestion(s). State Government constituted the Advisory Committee on 05.01.2015. The Committee having held meetings submitted its report dated 27.05.2015 to the State Government. With reference to the said proceedings, the Notifications, impugned in these 78 petitions were issued on 30.07.2015 and on 03.08.2015 and published in the Gazette.

14. In view of the mandate of sub-section (2) of S.5 of the Act, what falls for determination is, whether the impugned Notifications are invalid and vitiated by any legal flaw?.

15. A careful reading of sub-section (2) of S.5 leaves no manner of doubt that the power to fix and / or revise the minimum rates of wages in respect of each of the scheduled employments is of the appropriate Government i.e., by following the procedure given under sub-section (1) of S.5 of the Act.

16. In the present cases, after receipt of the Advisory Committee report, the file(s) having been processed by the Secretariat of Labour Department, were not put up to the Minister concerned for consideration and decision. Learned Government Advocate was unable to show either the approval of the note(s) put up by the 79 Secretary, Labour Department by the Minister concerned or the decision having been taken by the State Government. Perusal of the files produced by the learned Government Advocate does not show the consideration of the report of the Advisory Committee and decision having been taken by the Minister / Government, to revise / fix the minimum rates of wages of the scheduled employments and the consequential issue and publication of the Notifications.

17. The impugned Notifications have been issued and published in the name of the Karnataka Government merely on the basis of the files as processed by the Labour Department, without there being any decision by the Government. The power having been vested under Ss.3 and 5 of the Act with the appropriate Government, the exercise of the power other than by the designated authority viz., appropriate Government would amount to such other authority clutching at the jurisdiction of the designated authority and such action is a nullity in the eye 80 of law. It is trite that if a statute vests the jurisdiction in an authority, only such authority can exercise the power and not by any other.

18. S.5 of the Act having vested the power in the appropriate Government to fix / revise the minimum rates of wages in the scheduled employments, in the present cases, has not been exercised by the statutory authority. Hence, the issuance and publication of the Notifications, impugned in these petitions, are invalid and ultra vires the provisions of the Act.

19. In the case of COMMISSIONER OF POLICE, BOMBAY Vs. GORDHANDAS BHANJI reported in AIR1952SC16 where the Commissioner of Police had at the behest of the State Government cancelled the permission granted for construction of a cinema in Greater Bombay, the order passed by the Commissioner was quashed on the ground that the authority concerned had vested the power to cancel in the Commissioner alone who was bound to 81 exercise the same himself and bring to bear on the matter his own independent and unfettered Judgment.

20. There being no dispute that sub-section (2) of S.5 of the Act is mandatory and that there being violation, in that, the decision to revise / fix the minimum rates of wages having not been arrived at by the appropriate Government, the act of issuance and publication of the Notifications dated 30.07.2015 and 03.08.2015, impugned in these petitions, are ultra vires of the provisions of the Act.

21. Before concluding, it is appropriate to observe, that on account of the glaring lapse on the part of the officials and officers concerned in the Labour Department, interest of thousands of sweated employees is getting affected. The process of revision itself having been undertaken beyond the period stipulated in S.3 of the Act, there will be further delay in the matter of revision of the minimum rates of wages to the sweated labour only because of the legal flaw noticed supra, which is clearly on 82 account of the carelessness / negligence in not placing the files before the Minister concerned for consideration and decision. The glaring lapse on the part of the officers / officials of the Labour Department in the Secretariat has resulted in further delay of the revision and fixation of minimum rates of wages of the sweated employees. The gravity of the lapse disclosed in these cases is such as would call for an immediate inquiry by Chief Secretary, Government of Karnataka and imposition of appropriate penalty on all the delinquent officials / officers. In the result, these petitions are allowed and the impugned Notifications dated 30.07.2015 and 03.08.2015 fixing / revising the minimum rates of wages of the scheduled employments of the industries to which the petitioners belong are quashed, with the following directions: (i) The Government shall consider the Advisory Committee’s report and revise / fix the minimum rates of wages with expedition and in any event, before 83 30.11.2016 and publish the Notification on or before that date, in the interest of thousands of workmen whose day- to-day necessities of life has been kept in view by the Parliament while enacting the Minimum Wages Act, 1948. (ii) Till such time, the petitioners in all these cases shall continue to pay 75% of the wages to their respective employees in the scheduled employments, subject to the adjustment against the wages to be revised / fixed under fresh Notification by the Government. (iii) There being glaring lapse and gross dereliction of duty on the part of the officials / officers of the Labour Department in the Secretariat, the Chief Secretary to the Government shall conduct an inquiry, and appropriately penalise the officials / officers concerned. The action taken shall be reported to this Court on or before 31.12.2016. Parties to bear their respective costs. sac* Sd/- JUDGE


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