Employers Not Outsiders But Stakeholders, Must Be Heard While Fixing/Revising Minimum Wage Of Employees: Karnataka High Court
2 days, 3 hours ago

Employers Not Outsiders But Stakeholders, Must Be Heard While Fixing/Revising Minimum Wage Of Employees: Karnataka High Court

Live Law  

The Karnataka High Court has said that while fixing or revising the Minimum Wages to be paid to employees, employers which is a stakeholder and which will be affected in the exercise, should have their say and the stand before the notification is passed by the Government. A division bench of Chief Justice N V Anjaria and Justice K V Aravind while allowing the appeal filed by employers associations including the Karnataka Employers Association and others, challenging a single judge order dated September 26, 2023 said: “The class of the employers is a stakeholder and a party who would be affected as their obligations would arise as an end result of the exercise of fixing and revising the minimum wages. When it is a question of revising the minimum wages, a variety of factors would govern the ultimate act of issuance of Notification and incorporating the conditions and stipulations therein, in which, it is legitimate to conclude that the employers should have their say and the stand.” The notification was issued by the government on July 28 under Section 3 read with Section 5 of the Minimum Wages Act, 1948, the minimum rates of wages for the employments in the Foundry-with or without machine shop, came to be revised. The principles of natural justice cannot be viewed to be foreign to such statutory exercise.” The bench held “Not giving hearing to the appellants who are the employers and the stakeholders who would suffer the impact of the Notification, will render the exercise and the ultimate result to be unjust and in that sense arbitrary.” It added “The class of the employers could not be excluded from the zone, by any stretch of logic to treat them outsiders.

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History of this topic

Assistant Labour Commissioner Not Competent To Decide Complaint Filed By Inspector Under Minimum Wages Act: Madhya Pradesh High Court
7 months, 2 weeks ago

Assistant Labour Commissioner Not Competent To Decide Complaint Filed By Inspector Under Minimum Wages Act: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court single bench of Justice Gurpal Singh Ahluwalia held that the Assistant Labour Commissioner is not a competent authority to decide the claims arising out of payment of less than the minimum rates of wages under the Minimum Wages Act, 1948. The High Court noted that Section 20 of the Minimum Wages Act gives the relevant …

Writ Is Not Maintainable Against Private Companies, Orrisa High Court Suggests Workmen To Pursue Matter In Appropriate Forum
7 months, 2 weeks ago

Writ Is Not Maintainable Against Private Companies, Orrisa High Court Suggests Workmen To Pursue Matter In Appropriate Forum

Live Law  

The Orrisa High Court single bench of Justice Aditya Kumar Mohapatra dismissed a writ petition against private companies based on the reason that private companies do not classify as the State, as defined under Article 12 of the Indian Constitution. Brief Facts: All Odisha Bharati Infratel Contractual Technicians Union filed a writ petition before the High Court of Odisha, representing …

ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court
7 months, 2 weeks ago

ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court

Live Law  

The Karnataka High Court single bench of Justice Shivashankar Amarannavar held that the right to claim interest could be considered a pre-existing right or benefit only if explicitly determined in the contract of employment or in the resolutions governing service conditions. Furthermore, the bench held that an application under Section 33C of the Industrial Disputes Act, 1947 in the Labour …

Dismissal Of Workman During Pendency Of Industrial Dispute Without Tribunal's Approval Is Void, Karnataka High Court Orders Reinstatement Of Workman
7 months, 4 weeks ago

Dismissal Of Workman During Pendency Of Industrial Dispute Without Tribunal's Approval Is Void, Karnataka High Court Orders Reinstatement Of Workman

Live Law  

The Karnataka High Court single-judge bench of Justice Shivshankar Amarannavar held that when an industrial dispute is pending in an adjudicatory body, the employer must seek approval from the Tribunal for the dismissal of the worker, as mandated by Section 33 of the Industrial Disputes Act. The Management argued that the Workman remained silent for six years following the dismissal …

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court
7 months, 4 weeks ago

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court

Live Law  

The High Court of Karnataka single bench of Mrs Justice K.S Hemalekha held that persons carrying managerial and supervisory responsibilities do not fall within the scope of 'workman', as defined under Section 2 of the Industrial Disputes Act. The question before the labour court was whether she would be a 'workman' within the scope of Section 2 of the Industrial …

Calcutta High Court Directs Govt To Finalise Minimum Wage Of Tea Plantation Workers Within 6 Weeks, Calls It A Statutory & Legal Right
8 months ago

Calcutta High Court Directs Govt To Finalise Minimum Wage Of Tea Plantation Workers Within 6 Weeks, Calls It A Statutory & Legal Right

Live Law  

The Calcutta High Court's circuit bench at Jalpaiguri has directed the West Bengal government to finalise the minimum wage of tea plantation workers within 6 weeks, under the Minimum Wages Act, 1948.This comes after a coordinate bench had upheld the interim hike in wages for the workers and directed the state to finalise a minimum wage within 6 months. The …

Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court
8 months, 3 weeks ago

Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court

Live Law  

A single judge bench of the Karnataka High Court comprising of Justice K.S. The Respondent filed a Writ Petition before the Karnataka High Court against the order of the labour court. This time Labour Court confirmed the dismissal order passed by the disciplinary authority and held that the order was proportionate to the proved misconduct as the petitioner had secured …

Industrial Disputes Act | Project Leader Can't Be Implied To Be Doing Clerical, Manual Or Technical Work: Karnataka HC Sets Aside Labour Court Order
10 months, 3 weeks ago

Industrial Disputes Act | Project Leader Can't Be Implied To Be Doing Clerical, Manual Or Technical Work: Karnataka HC Sets Aside Labour Court Order

Live Law  

The Karnataka High Court has said that an employee working as a project lead in an Information Technology Services and Consulting company, would not come in any of the classifications envisaged under Section 2 of the Industrial Disputes Act and the Labour Court has no jurisdiction to order his reinstatement. A single judge bench of Justice K S Hemalekha allowed …

Embargo U/S 70 Of Karnataka Cooperative Societies Act Not Attracted If Minimum Wages Not Paid To Workers: Karnataka High Court
1 year, 10 months ago

Embargo U/S 70 Of Karnataka Cooperative Societies Act Not Attracted If Minimum Wages Not Paid To Workers: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that workmen employed at the Indian Coffee Workers Co-operative Society Limited, if not paid minimum wages as prescribed, can make an application to the appropriate authority constituted under the Minimum Wages Act to consider their claim for recovery of minimum wages. Further, it has said that Section 70 of the Karnataka Co-operative …

Industrial Disputes Act Is Social Welfare Legislation: Gujarat High Court Directs Labour Court To Re-Examine Order Refusing 'Interest' To Workers
2 years, 4 months ago

Industrial Disputes Act Is Social Welfare Legislation: Gujarat High Court Directs Labour Court To Re-Examine Order Refusing 'Interest' To Workers

Live Law  

While reiterating that Courts have a duty to interpret statutes with social welfare to further the statutory goal, the Gujarat High Court has directed the Labour Court at Jamnagar to re-examine the issue of awarding interest to the Petitioner workmen. Justice Biren Vaishnav had taken up both Special Civil Applications for the final hearing and relied extensively on Manager, Naaz …

Employment Conditions Can't Take Away Employees' Right To Seek Judicial Review Of Employer's Actions: J&K&L High Court
2 years, 5 months ago

Employment Conditions Can't Take Away Employees' Right To Seek Judicial Review Of Employer's Actions: J&K&L High Court

Live Law  

The High Court of Jammu & Kashmir and Ladakh on Thursday ruled that an employer cannot impose such conditions of employment which have the effect of taking away the right of its employees to seek judicial review of the actions of the employer. The court passed the observations in two petitions filed by the casual labourers challenging the order of …

Karnataka High Court Quarterly Digest: January To March 2022 [Citations 1 - 97]
2 years, 6 months ago

Karnataka High Court Quarterly Digest: January To March 2022 [Citations 1 - 97]

Live Law  

Nominal Index: PS Mohan v. State Of Karnataka. Borrower Can't Claim Loan MoratoriumAs A Right Based On RBI's Circular Of March 2020 : Karnataka High Court Case Title: The Governor Reserve Bank Of India v. Velankani Information Systems Limited Citation: 2022 LiveLaw 19. Granted Bail For Heinous Offence Before Investigation Concluded: Karnataka HC Directs Addl Session Judge To Undergo Training, …

Arbitration Cases Weekly Round-Up: 12 June To 18 June, 2022
2 years, 6 months ago

Arbitration Cases Weekly Round-Up: 12 June To 18 June, 2022

Live Law  

Bombay High Court: Court Can Pass An Order Of Interim Measures Under Section 9Of The A&C Act Against A Third Party: Reiterates Bombay High Court Case Title: Choice Developers versus Pantnagar Pearl CHS Ltd. & Ors. Proceedings Under Section 9 Of A&C Act Cannot Be Used For Enforcement Of The Conditions Of A Contract: Gujarat High Court Case Title: Kanhai …

Labour Court Cannot Arrogate To Itself Functions of An Industrial Tribunal U/S 33C(2) of ID Act: Gujarat High Court
2 years, 9 months ago

Labour Court Cannot Arrogate To Itself Functions of An Industrial Tribunal U/S 33C(2) of ID Act: Gujarat High Court

Live Law  

"It is held that the workmen can proceed under Section 33C of the I.D.Act only after the Tribunal has adjudicated on a complaint under section 33A or on a reference under section 10 of the I.D. The Labour Court, subsequently, awarded INR 1,29,034 as differential amount of wages under Section 33C. Judgement The Bench identified the primary issue worth consideration …

Payment Of Wages Act Is Beneficial Piece Of Legislation, Weaker Section Can't Be Denied Legal Entitlement On Technicalities: Karnataka HC
2 years, 11 months ago

Payment Of Wages Act Is Beneficial Piece Of Legislation, Weaker Section Can't Be Denied Legal Entitlement On Technicalities: Karnataka HC

Live Law  

The Karnataka High Court recently observed that Payment of Wages Act is a beneficial piece of enactment. Justice Jyoti Mulimani thus quashed the order dated January 28, 2015 passed by the Assistant Labour Commissioner rejecting the claim petition filed by one Parvathamma, who worked as a watcher with the Department of Forest and Environment Department, merely because her signature was …

Karnataka High Court Asks State, Municipal Corporations To Initiate Departmental Enquiry Against Officers Who Fail To Check Illegal Constructions
3 years ago

Karnataka High Court Asks State, Municipal Corporations To Initiate Departmental Enquiry Against Officers Who Fail To Check Illegal Constructions

Live Law  

The Karnataka High Court has directed the State government or Municipal Corporations to initiate departmental enquiry against those Officers who show or have shown lackadaisical attitude in performance of their duty to check the growth of illegal constructions in their jurisdictions. Justice M Nagaprasanna said, "It is necessary that the jurisdictional Assistant Engineer, Assistant Executive Engineer or the Executive Engineer …

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