Dismissed

State of Karnataka v. Sri Mayanna Gowda M

Karnataka HC2 Jul 2021WA/551/2021

Case brief

AI extract

What is this about?

In a writ appeal challenging a Single Judge order granting only 50% of minimum wages to respondent employees, the High Court of Karnataka refused to interfere, holding no reason to overturn the lower court decision. The appeal was dismissed.

What did the court decide?

The writ appeal was dismissed; the Single Judge was directed to decide the matter of minimum wages within 30 days.

State of Karnataka Vs Sri Mayanna Gowda M — Service and Employment | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 2^ND DAY OF JULY, 2021

¶4

PRESENT

¶5

THE HON’BLE MR.JUSTICE SATISH CHANDRA SHARMA

¶6

AND

¶7

THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY

¶8

WRIT APPEAL NO.551 OF 2021 (L-MW)

¶9

BETWEEN:

¶10

STATE OF KARNATAKA DEPARTMENT OF FINANCE, REP. BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560001.

¶11

THE COMMISSIONER OF COMMERCIAL TAXES, GANDHINAGAR, BENGALURU-560009.

¶12

THE ADDITIONAL COMMISSIONER OF COMMERCIAL TAXES (ENFORCEMENT), KORAMANGALA, BENGALURU-560047.

¶13

THE JOINT COMMISSIONER OF COMMERCIAL TAXES (VIGILANCE), KORAMANGALA, BENGALURU-560047.

¶14

...APPELLANTS

¶15

(BY SRI. S.RAJASHEKAR, A.G.A.)

¶16

AND:

¶17

SRI. MAYANNA GOWDA M., S/O LATE MARIMAYANNA GOWDA, AGED ABOUT 52 YEARS, WORKING AS HAMALI,

¶18

¶19

OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE), SOUTH ZONE, BANGALORE RESIDING AT HOUSE NO.32, MALLESWARAM, BENGALURU-560003.

¶20

SRI. D. KRISHNA, S/O LATE DASAPPA, AGED ABOUT 61 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE), KORAMANGALA, BENGALURU-560047. 3. SRI N. SHANKAR S/O LATE NARASIMHAIAH, AGED ABOUT 52 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE), SOUTH ZONE, BANGALORE-560047. RESIDING AT HOUSE NO.195, 3^RD CROSS, KURUBARAHALLI, MAHALXMIPURAM, BENGALURU-560086.

¶21

SRI. G. SHIVASWAMY, S/O LATE GAVIYAPPA, AGED ABOUT 55 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE) KORAMANGALA, BANGALORE-560047 RESIDING AT HOUSE NO.38, 8^TH MAIN ROAD, 3^RD CROSS, BAIRAVESHWARA NAGAR, NAGARABHAVI ROAD, BENGALURU-560076.

¶22

SRI. G. PRAKASH S/O LATE GANGAIAH, AGED ABOUT 56 YEARS, WORKING AS HAMALI,

¶23

¶24

OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (VIGILANCE) KORAMANGALA, BANGALORE-560047. RESIDING AT HOUSE NO.10/5, 2^ND CROSS, KATHRIGUPPE MAIN ROAD, VIVEKANANDA NAGAR, BANASHANKARI 3^RD STAGE, BENGALURU-560085. 6. SRI. R. BASAVARAJ, S/O LATE RAMEGOWDA, AGED ABOUT 53 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE), KORAMANGALA, BANGALORE-560047. RESIDING AT HOUSE NO.2578, 7^TH CROSS, 7^TH MAIN ROAD RPC LAYOUT, VIJAYANAGAR 2^ND STAGE, BENGALURU-560040. 7. SRI. RAMACHANDRAIAH, S/O LATE NINGAIAH, AGED ABOUT 52 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE), SOUTH ZONE, BANGALORE-560047. RESIDING AT HOUSE NO.921, 2^ND MAIN ROAD, 4^TH BLOCK, H.M.T. LAYOUT, NAGASANDRA MAIN ROAD, NAGASANDRA POST, BENGALURU-560073. 8. SMT. JAYALAKSHMAMMA, W/O LATE GANGOJI RAO, AGED ABOUT 46 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE), KORAMANGALA, BANGALORE-560047.

¶25

¶26

RESIDING AT HOUSE NO.144, 2^ND CROSS, KALYANPURA, DASARAHALLI, BENGALURU-560058.

¶27

SRI. M. RAMESH, S/O MUDDAPPA, AGED ABOUT 52 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE), KORAMANGALA, BANGALORE-560047. RESIDING AT HOUSE NO.71/1, 4^TH CROSS, 5^TH MAIN ROAD, TYAGARAJANAGAR, BENGALURU-560028.

¶28

SRI. RAMANAIAH S., S/O JANAIAH, AGED ABOUT 49 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (VIGILANCE), KORAMANGALA, BANGALORE-560047. RESIDING AT HOUSE NO.219, 3^RD CROSS, BAGALUR MAIN ROAD, VIVEKNAGAR, YELAHANKA, BENGALURU-560072.

¶29

SRI. ANKAIAH S/O LATE LINGAIAH, AGED ABOUT 61 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE), KORAMANGALA, BANGALORE-560047. RESIDING AT HOUSE NO.30, VIJAYANAGAR 2^ND STAGE, 3^RD MAIN, 2^ND CROSS, BENGALURU-560040.

¶30

SRI. T.B. NAGARAJU, S/O BETTAIAH,

¶31

¶32

AGED ABOUT 55 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (VIGILANCE), KORAMANGALA, BANGALORE-560047. RESIDING AT HOUSE NO.278, SRI LAXMINARASIMHA SWAMY NILAYA, KURUBARAHALLI, MAHALAXMIPURAM, BENGALURU-560086.

¶33

SRI. B.T. MARANNA S/O LATE THIMMARAYAPPA, AGED ABOUT 48 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (VIGILANCE), KORAMANGALA, BANGALORE-560047. RESIDING AT HOUSE NO.10, BABASAHEBARA PALYA, KENGERI POST, BENGALURU-560060.

¶34

SRI. S.N. NARASEGOWDA, S/O LATE NARASEGOWDA, AGED ABOUT 52 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE), SOUTH ZONE, BANGALORE-560047. RESIDING AT HOUSE NO.4/1, KUMARAVYASA ROAD, 3^RD MAIN ROAD, SRINAGAR, BENGALURU-560050.

¶35

SRI. B. MANJUNATH S/O LATE BORAIAH, AGED ABOUT 50 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE), KORAMANGALA, BANGALORE-560047. RESIDING AT HOUSE NO.8, 14^TH CROSS, PIPELINE, CHOLURPALYA, VIJAYANAGAR,

¶36

¶37

BENGALURU-560040.

¶38

SRI. N. ESHWARAPPA S/O LATE NARAYANAPPA, AGED ABOUT 65 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE) KORAMANGALA, BANGALORE-560047. RESIDING AT HOUSE NO.265, SRIGANDANAGAR POST, YEGGANAHALLI EAST, VISWANEEDAM POST, BENGALURU-560091.

¶39

SRI. B. SHIVAKUMAR, S/O LATE BORAIAH, AGED ABOUT 45 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE), KORAMANGALA, BENGALURU-560047.

¶40

SRI. RANGARAJU, S/O THIMMAIAH, AGED ABOUT 57 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE), SIRA ROAD, TUMAKURU DISTRICT. RESIDING AT JAIN TEMPLE BLOCK SIDE, 2^ND MAIN ROAD, SIRA ROAD, TUMAKURU DISTRICT, TUMAKURU-572137.

¶41

SRI. KUMBAIAH S/O PUTTASHYAMAIAH, AGED ABOUT 53 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE), SIRA ROAD, TUMAKURU DISTRICT.

¶42

RESIDING AT PUTTASWAMIANHA PALYA, NEAR SIRA GATE POST, TUMAKURU DISTRICT,

¶43

¶44

TUMAMKURU-572137.

¶45

SRI. ZAHEER AHMED S/O LATE MOHAMMED JABBARSAT, AGED ABOUT 56 YEARS, WORKING AS HAMALI, OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES (INTELLIGENCE), SIRA ROAD, TUMAKURU DISTRICT, TUMAKURU-572137.

¶46

THE DEPUTY LABOUR COMMISSIONER AND AUTHORITY UNDER SECTION 20(1) OF THE MINIMUM WAGES ACT, 1948 BENGALURU REGION-I, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560029.

¶47

…RESPONDENTS

¶48

(BY SRI. MUKKANNAPA, ADVOCATE FOR C/R1)

¶49

THIS APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 18.03.2021 PASSED ON I.A.NO.1/2020 MADE UNDER SECTION 151 CPC, IN WP NO.1629/2020 SEEKING MODIFICATION OF INTERIM ORDER DATED 20.03.2020 THEREIN CONSEQUENTLY AND ETC.

¶50

THIS APPEAL COMING ON FOR ORDERS THIS DAY, SATISH CHANDRA SHARMA, J., DELIVERED THE FOLLOWING:

¶51

JUDGMENT

¶52

The present writ appeal is arising out of interim order passed by the learned Single Judge dated 20.03.2000. Thereafter an application was preferred for clarification/recall of the interim order and the same has already been rejected by the learned Single Judge, as informed.

¶53

¶54

The facts of the case reveal that the

¶55

respondent employees have been granted minimum wages under the Minimum Wages Act, 1948 by the Deputy Labour Commissioner and the learned Single Judge has directed payment of 50% of wages only. This Court does not find any reason to interfere in the order passed by the learned Single Judge.

¶56

The writ appeal is dismissed. However, the

¶57

learned Single Judge is requested to decide the matter at an early date, preferably within 30 days from today.

Sd/-

JUDGE

Sd/JUDGE

hnm

State of Karnataka v. Sri Mayanna Gowda M

Case brief

What is this about?

What did the court decide?

State of Karnataka v. Sri Mayanna Gowda M

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri. G. B. Manju Vs the State of Karnataka

Narasimha M R Vs the State of Karnataka

Sri. C. K. Krishnaiah Vs the State of Karnataka

The State of Karataka Vs Sri. Subhash Vishram Naik

Central Board of Direct Taxes Vs M/S Vasudev Adigas Fast Food Pvt. Ltd.

M/S Srinagara Credit Co-Operative Society Ltd. Vs the Income Tax Officer