Case Note & Summary
The petitioners, Kartikere Gram Panchayat and the Chief Executive Officer of Chickmagalore Zilla Parishad, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash an order/award dated 28.08.2013 passed by the Labour Officer and Authority under the Minimum Wages Act, Sub-Division-2, Chikkamagalur (respondent No.2). The impugned order allowed a claim petition filed by respondent No.1, Sri K K Ramesh Raj Urs, under Section 20(2) of the Minimum Wages Act, 1948. The petitioners contended that there was no employer-employee relationship between the Gram Panchayat and the claimant, and therefore the Labour Authority had no jurisdiction to pass the order. The court, after hearing the amicus curiae and the government advocate, found that the Gram Panchayat was not the employer of the claimant and that the Labour Authority had acted without jurisdiction. Consequently, the court allowed the writ petition, quashed the impugned order, and discharged the amicus curiae.
Headnote
A) Minimum Wages Act, 1948 - Section 20(2) - Jurisdiction of Authority - Claim for Minimum Wages - The Labour Authority under Section 20(2) can only entertain claims against an employer. Where the Gram Panchayat was not the employer of the claimant, the Authority had no jurisdiction to pass an award against it. The order was quashed. (Paras 1-5)
B) Writ Jurisdiction - Article 226 and 227 of Constitution of India - Certiorari - Quashing of Order - The High Court can quash an order passed without jurisdiction. The impugned order dated 28.08.2013 passed by the Labour Officer and Authority under the Minimum Wages Act, Sub-Division-2, Chikkamagalur in Case No.KaVeKa.04/2022 was quashed. (Paras 1-5)
Issue of Consideration
Whether the Labour Officer and Authority under the Minimum Wages Act, 1948 had jurisdiction to pass an order against the Gram Panchayat for payment of minimum wages when there was no employer-employee relationship between the Gram Panchayat and the claimant.
Final Decision
The writ petition is allowed. The impugned order/award dated 28.08.2013 passed by the Labour Officer and Authority under the Minimum Wages Act, Sub-Division-2, Chikkamagalur in Case No.KaVeKa.04/2022 is quashed. The amicus curiae is discharged.
Law Points
- Minimum Wages Act
- 1948
- Section 20(2)
- employer-employee relationship
- principal employer
- Gram Panchayat
- writ of certiorari
- jurisdiction of Labour Authority
Case Details
2022 LawText (KAR) (08) 4
WP No. 20466 OF 2017 (L-MW)
Sri. Onkar K B. for petitioners, Sri. V.S. Naik as Amicus Curiae, Sri. Bojegowda T. Koller for respondent No.2
Kartikere Gram Panchayat and The Chief Executive Officer, Chickmagalore Zilla Parishad
Sri K K Ramesh Raj Urs and The Labour Officer and Authority under the Minimum Wages Act, Sub-Division-2, Chikkamagalur
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking to quash an order/award passed by the Labour Authority under the Minimum Wages Act, 1948.
Remedy Sought
Petitioners sought a writ of certiorari quashing the impugned order/award dated 28.08.2013 passed by the Labour Officer and Authority under the Minimum Wages Act, Sub-Division-2, Chikkamagalur in Case No.KaVeKa.04/2022.
Filing Reason
The petitioners challenged the order on the ground that the Labour Authority had no jurisdiction to pass the order as there was no employer-employee relationship between the Gram Panchayat and the claimant.
Previous Decisions
The Labour Officer and Authority under the Minimum Wages Act, Sub-Division-2, Chikkamagalur passed an order/award on 28.08.2013 allowing the claim petition filed by respondent No.1 under Section 20(2) of the Minimum Wages Act, 1948.
Issues
Whether the Labour Authority under Section 20(2) of the Minimum Wages Act, 1948 had jurisdiction to pass an order against the Gram Panchayat when there was no employer-employee relationship.
Submissions/Arguments
Petitioners argued that the Gram Panchayat was not the employer of the claimant and therefore the Labour Authority had no jurisdiction.
Respondent No.2 (Labour Authority) was represented by the Government Advocate who supported the order.
Ratio Decidendi
The Labour Authority under Section 20(2) of the Minimum Wages Act, 1948 can only entertain claims against an employer. Where the Gram Panchayat was not the employer of the claimant, the Authority had no jurisdiction to pass an award against it. The order was without jurisdiction and liable to be quashed.
Judgment Excerpts
The petitioner is before this Court seeking for the following reliefs :
Issue a writ of certiorari by quashing the impugned order/award passed by the 2nd respondent i.e., the Hon’ble labour officer and authority under the Minimum Wages Act, Sub-Division-2, Chikkamagalur in Case No.KaVeKa.04/2022 on 28.08.2013 wherein the claim petition filed by the 1st respondent herein under section 20(2) of the Minimum Wages Act, 1948 was allowed as per Annexure-A in the interest of justice and equity.
Procedural History
The Labour Officer and Authority under the Minimum Wages Act, Sub-Division-2, Chikkamagalur passed an order/award on 28.08.2013 allowing the claim petition filed by respondent No.1 under Section 20(2) of the Minimum Wages Act, 1948. Aggrieved by this order, the petitioners filed the present writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The writ petition was heard and disposed of on 16.08.2022.
Acts & Sections
- Minimum Wages Act, 1948: 20(2)
- Constitution of India: 226, 227
