Allowed

The Managing Director v. the Assistant Labour Commissioner

Karnataka HC8 Sept 2022WP/5003/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the writ petitions and issued certiorari to quash an order dated 15-7-2020 passed by the Assistant Labour Commissioner. The court held that non-information of listing dates violated natural justice under Article 21. Petitioners were directed to appear for fresh consideration, and the government was directed to implement online access to court proceedings.

What did the court decide?

Certiorari issued to quash order dated 15-7-2020; matters remanded for fresh consideration; compliance directions issued to Government of Karnataka departments.

The Managing Director Vs the Assistant… — Labour and Industrial Disputes | Karnataka HC (2022)

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WP NO. 5028 OF 2022 C/W WP NO.5003 OF 2022 WP NO.5012 OF 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 5028 OF 2022 (L-MW) C/W WRIT PETITION NO. 5003 OF 2022 (L-MW) WRIT PETITION NO. 5012 OF 2022 (L-MW)

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BETWEEN:

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THE MANAGING DIRECTOR CMS COMPUTERS LTD., CMS LAKE ROAD CENTER NO.70 KAISI INDUSTRIAL COMPOUND BHANDUP, MUMBAI - 400 078

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OPERATIONS HEAD CMS COMPUTERS LTD., CUNNINGHAM CLASSIC CUNNINGHAM ROAD BENGALURU - 560 052

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BOTH THE PETITIONERS ARE REP. BY ITS SENIOR PROJECT MANAGER

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…PETITIONERS (COMMON)

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(BY SRI MANJUNATHA B., ADVOCATE)

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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AND:

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THE ASSISTANT LABOUR COMMISSIONER AND AUTHORITY UNDER THE MINIMUM WAGES ACT MANGALORE DIVISION LABOUR OFFICE, MANGALORE - 565 002

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SENIOR LABOUR INSPECTOR 3RD CIRCLE

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WP NO. 5028 OF 2022 C/W WP NO.5003 OF 2022 WP NO.5012 OF 2022

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LABOUR DEPARTMENT MANGALORE - 565 002

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DIRECTOR DIRECTORATE OF ELECTRONIC DELIVERY OF CITIZENS SERVICES ROOM NO. 110, GATE-II M S BUILDING BENGALURU - 560 001

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…RESPONDENTS (COMMON)

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(BY SRI BHOJEGOUDA T. KOLLER, A.G.A.)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIAN, PRAYING TO QUASH THE ORDER DATED 15-7-2020 PASSED BY RESPONDENT NO.1ASSISTANT LABOUR COMMISSIONER AND AUTHORITY UNDER THE MINIMUM WAGES ACT, MANGALORE, VIDE ANNEXURE-D.

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THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3.

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The petitioners in all the petitions are before this Court contending that during and after COVID-19 lockdown, when the matter was set down before respondent No.1, the same was not taken up on regular basis. However, on 17-6-2020, when the

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matter was taken up, it was adjourned to 19-6-2020 and then the matter was posted on 24-6-2020, respondent No.1 closed the proceedings and reserved the matter for passing of orders and on 15-7-2020, the impugned order has been passed.

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The contention of the learned counsel for the petitioners is that, the petitioners were not aware of the listing of the matters, or posting of the matters for orders, as such, they could not participate in the proceedings.

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This Court has considered similar issue in Writ Petition No.5037 of 2022 (L-MW) dated 26-7-2022 and has held that non-information of the date to the concerned parties would be a traversity of justice and violation of principles of natural justice under Article 21 of the Constitution of India. This Court has also in the said matter issued certain

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WP NO. 5028 OF 2022 C/W WP NO.5003 OF 2022 WP NO.5012 OF 2022

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directions which are equally applicable to the present matters.

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The Chief Secretary, Government of Karnataka, and the Principal Secretary, e-Governance Department, Government of Karnataka, are directed to implement the system of web hosting of the daily orders, daily proceedings, and also final orders in a similar manner as done by this Court and District Courts under the Karnataka State Judiciary. Website to reflect the daily proceedings, daily orders and also judgments that are passed in the matters to enable access of information to the litigants.

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As such, I pass the following

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ORDER

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i. Writ Petitions are allowed . A certiorari is issued. The order dated 15-7-2020 passed by respondent No.1 in all the petitions are hereby quashed; and

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ii. The matters are remanded to respondent No.1 for fresh consideration. Since the order has been passed in the presence of both the learned counsel, the petitioners are directed to appear before respondent No.1 without any further notice on 11-10-2022 at 3:00 p.m.

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iii. Though the above matters are disposed, for reporting compliance of the above directions, re-list these matters on 11-10-2022.

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iv. Learned Additional Government Advocate is directed to send a copy of this order to the Chief Secretary, Government of Karnataka, and the Principal Secretary, e-Governance Department, Government of Karnataka, to enable compliance.

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Sd/JUDGE

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KVK

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List No.: 1 Sl No.: 41

The Managing Director v. the Assistant Labour Commissioner

Case brief

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The Managing Director v. the Assistant Labour Commissioner

Case brief

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