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High Court of Karnataka Hears Batch of Petitions Challenging Vires of Daily Wage Employees Welfare Rules. Labour Union Seeks Declaration That Rules 4(3) and 4(4) of the Karnataka Daily Wage Employees Welfare Rules, 2013 Are Ultra Vires Sections 4(2) and 2(a) of the Karnataka Daily Wage Employees Welfare Act, 2012.

High Court: Karnataka High Court Bench: KALABURAGI
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2026-11-03 19:11:31
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Issue of Consideration

KAHC030056202016_1

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Case Details

2021 LawText (KAR) (05) 17

WRIT PETITION No.203599/2016 c/w WRIT PETITION No.207316/2015, WRIT PETITION No.200341/2016, WRIT PETITION No.200345/2016, WRIT PETITION No.200348/2016, WRIT PETITION No.200870/2016, WRIT PETITION No.200933/2016, WRIT PETITION No.200980/2016, WRIT PETITION No.201416/2016, WRIT PETITION No.201417/2016, WRIT PETITION No.202040/2016, WRIT PETITION No.203575/2016, WRIT PETITION No.203591/2016, WRIT PETITION No.205879/2016, WRIT PETITION No.205880/2016, WRIT PETITION No.205883/2016, WRIT PETITION No.203769/2016

2021-05-26

M. Nagaprasanna

Sri Sanjay M. Joshi for petitioner; Sri Y.H. Vijayakumar, AAG along with Smt. Anuradha M. Desai, GA for respondents

Karnataka Rajyada Yella Dinagoolie Kshemabhiruddhi Vidheyakadadi Nemanukiyaada Naukarara Vakoota, Vijapur (Registered Labour Union), Represented by its President Abdulgani S/o Murutjasaheb Patil

The State of Karnataka, represented by its Principal Secretary, Department of Horticulture/Sericulture; The Commissioner cum Director of Sericulture; The State of Karnataka, represented by its Principal Secretary, Department of Personnel and Administrative Reforms (and other departments in connected petitions)

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Nature of Litigation

Challenge to the vires of delegated legislation.

Remedy Sought

Declaration that Rules 4(3) and 4(4) of the Karnataka Daily Wage Employees Welfare Rules, 2013 are ultra vires Sections 4(2) and 2(a) of the Karnataka Daily Wage Employees Welfare Act, 2012.

Filing Reason

The petitioner union alleges that the impugned rules exceed the scope of the parent Act and adversely affect the welfare of daily wage employees.

Judgment Excerpts

HOLD AND DECLARE RULES 4(3) AND 4(4) OF THE KARNATAKA DAILY WAGE EMPLOYEES WELFARE RULES, 2013, AT ANNEXURE – C ARE ULTRA VIRES TO SECTIONS 4(2) AND 2(A) OF THE KARNATAKA DAILY WAGE EMPLOYEES WELFARE ACT, 2012

Procedural History

Batch of writ petitions filed in 2015 and 2016 under Articles 226 and 227 of the Constitution challenging the vires of the Karnataka Daily Wage Employees Welfare Rules, 2013. The petitions were clubbed together and heard by the High Court.

Acts & Sections

  • Constitution of India: Article 226, Article 227
  • Karnataka Daily Wage Employees Welfare Act, 2012: Section 2(a), Section 4(2)
  • Karnataka Daily Wage Employees Welfare Rules, 2013: Rules 4(3), 4(4)
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