High Court of Karnataka Dismisses/Allows Writ Petitions Challenging Minimum Wages Notification – Not mentioned. Petitioners, including industry associations and companies, challenged notification dated 27.12.2016 issued by the Labour Department on grounds of unconstitutionality and violation of Minimum Wages Act, 1948.

High Court: Karnataka High Court Bench: BENGALURU
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Issue of Consideration

Whether the notification dated 27.12.2016 issued by the Secretary, Labour Department, Government of Karnataka is unconstitutional, ultra vires Article 14 of the Constitution of India, and contrary to the provisions of the Minimum Wages Act, 1948 and Rules made thereunder

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Law Points

  • Notification dated 27.12.2016 issued by Labour Department challenged under Article 226 of Constitution of India
  • Minimum Wages Act
  • 1948
  • Article 14 of Constitution of India
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Case Details

2019 LawText (KAR) (03) 66

Writ Petition Nos. 8388-8417/2017 connected with other writ petitions

2019-03-29

Krishna S. Dixit

S. N. Murthy, senior advocate for Somashekar; Laxminarayana, AGA for R1 & R2; K. B. Narayanaswamy for R3; H. Mangalamba Rao for R4; Sateesh K N for R5; Clifton D Rozario for R6

M/s. Karnataka Small Scale Industries Association and others; Akshara Motors Pvt Ltd and others; Perfect Alloys Components (P) Ltd and others

The Secretary, Labour Department, Government of Karnataka and others; President, All India Trade Union Congress and others

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Nature of Litigation

Writ petitions under Article 226 of the Constitution of India challenging a government notification.

Remedy Sought

Petitioners sought quashing of the notification dated 27.12.2016 as unconstitutional and ultra vires.

Filing Reason

The notification allegedly violated Article 14 of the Constitution and the Minimum Wages Act, 1948.

Issues

Whether the notification dated 27.12.2016 is unconstitutional and ultra vires Article 14 of the Constitution. Whether the notification is contrary to the Minimum Wages Act, 1948 and Rules thereunder.

Procedural History

Writ petitions filed on unspecified dates; cause title amended as per order dated 05.04.2017; heard together on 29.03.2019.

Acts & Sections

  • Constitution of India: Article 14, Article 226
  • Minimum Wages Act, 1948:
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