The High Court of Karnataka disposed of this writ petition challenging a government order mandating upfront collection of labour welfare cess. The court followed the order passed in connected cases (W.P.No.4601/2020) disposed on 04.08.2021 on identical issues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION NO.2359 OF 2020 (LB - BMP)
BETWEEN:
THE PETITIONER NO. 2 AND 3 ARE RESIDING AT NO. 105/6, MAPLE RED WOODS APARTMENT, AMBALIPURA VILLAGE, SARAJAPURA ROAD, VARTHUR HOBLI, AGARA POST, BENGALURU- 560 102.
... PETITIONERS
(BY SRI. SRINIVASA D.C., ADVOCATE)
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AND:
... RESPONDENTS
(BY SRI. NITHYANANDA K. R., HCGP FOR R-1; SRI. V. SREENIDHI, ADVOCATE FOR R-2 & R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER DATED 18 JANUARY, 2007 VID EANNX-E1 AND THE CORRIGENDUM DATED 28.02.2007 VIDE ANNX-E2 ISSUED BY THE R-1 MANDATING UPFRONT COLLECTION OF LABOUR WELFARE CESS BY THE R-2 AND 3 AS ILLEGAL, ARBITRARY AND UNCONSTITUTIONAL AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING - B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard Sri. Srinivasa D.C., learned counsel appearing for petitioners, Sri. Nithyananda K. R., learned High Court Government Pleader appearing for respondent No.1 and Sri. V. Sreenidhi, learned counsel appearing for respondent Nos.2 and 3.
W.P.No.4601/2020 and connected cases.
Sd/JUDGE
VBS
Ct: ssp
2 issues framed by the court
Whether the writ petition challenging upfront collection of labour welfare cess can be disposed of by following the order in connected cases.
Whether the impugned government orders mandating upfront collection of labour welfare cess are illegal, arbitrary, and unconstitutional.
Colour shows how this judgement treated each authority
W.P.No.4601/2020 and connected casesFollowed¶2
2 provisions across 1 enactments
Sri G. Ravi
Smt. V. Sai Ramani
Sri. V. Rakesh
State of Karnataka
The Commissioner, Bruhat Bengaluru Mahanagara Palike
The Joint Director, Building License Section (North)
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
