Writ petition challenging labour commissioner order reducing subsistence allowance due to alleged employee- attributable delay. Court held delay due to workmen's absence and quashed impugned order.
Impugned order dated 31.1.2019 quashed; application under Section 4 of Act dismissed.
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.
WP No. 15737 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 15737 OF 2019 (L-RES)
BETWEEN:
SRI. CHAMUNDESWARI SUGARS LIMITED (A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956), REPRESENTED BY IGTS PRESIDENT, SRI. K.R. NACHIAPPAN REGISTERED OFFICE AT NO.88/5, RICHMOND ROAD, BANGALORE-560 025, HAVING ITS FACTORY AT: K.M. DODDI, BHARTHINAGARA, MADDUR TALUK, MANDYA DISTRICT.
…PETITIONER
(BY SRI. ABHISHEK ARUNKUMAR HAPPALI, ADVOCATE FOR SMT. VAISHALI HEGDE, ADVOCATE)
AND:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI. BHOJEGOWDA T. KOLLER, AGA FOR R-1; R-2 SERVED AND UNREPRESENTED)
WP No. 15737 of 2019
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 31.01.2019 PASSED BY THE R-1 IN PETITION VIDE ANNEXURE-A AND ALL FURTHER PROCEEDINGS THERETO.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed challenging the order dated 31.01.2019, passed by the 1st respondent, directing the petitioner to pay a sum of Rs.10,500/- towards the subsistence allowance @ 75% of the wages for the period after the expiry of 90 days from the date of suspension stating that the delay in conducting enquiry is attributable to the petitioner.
chosen to appear in person or through the counsel.
WP No. 15737 of 2019
WP No. 15737 of 2019
to the petitioner. Hence, the impugned order passed by the 1st respondent holding that the delay in completing the enquiry was solely attributable to the petitioner is not sustainable in law.
10. Accordingly, I pass the following
ORDER
i) The writ petition is allowed.
ii) Impugned order dated 31.1.2019 passed by the 1st respondent at Annexure-A is hereby quashed and consequently, the application filed by the 2nd respondent under Section 4 of the Act also stands dismissed.
Sd/JUDGE
HR
2 issues framed by the court
Whether the delay in enquiry attributable to employee justifies reduction in subsistence allowance
Whether impugned order directing payment at reduced rate sustainable
1 provisions across 1 enactments
SRI. CHAMUNDESWARI SUGARS LIMITED
THE ASSISTANT LABOUR COMMISSIONER
SRI. S. JAVAREGOWDA
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
