IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 16TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL Nos.3913-3956 OF 2016 AND WRIT APPEAL No.2279 OF 2017 (L-MW) BETWEEN:
1. ALL INDIA AGARABATHI MANUFACTURERS’ ASSOCIATION, FKCCI BUILDING, BENGALURU-560 009.
REPRESENTED BY ITS PRESIDENT MR. A S M HUSSAIN SALMAN 2. SRI SATHYANARAYANA PARIMALA FACTORY NO.92/1,VISHVESHWARANAGAR, INDUSTRIAL SUBURB, MYSURU-570 008.
REPRESENETED BY ITS PARTNER MR. SATHYENDRA KASHYAP 3. KOYA’S PERFUMERY WORKS #223, M S PALYA VIDYARANYAPURA POST BENGALURU-560 097.
REPRESENTED BY ITS PARTNER MR. AHAMED KOYA 4. PATIL PARIMALA WORKS # 82, 1ST MAIN ROAD, CHAMRAJPET BENGALURU – 560 016.
REPRESENTED BY ITS PROPRIETOR MR. SOMASHEKAR P PATIL 5. ONAM AGARBATHI PVT LTD NO. 35/36-70/71 N S PALYA BENGALURU – 560 076.
REPRESENTED BY ITS MANAGING DIRECTOR K R RAVI KIRAN 6. NIKHIL PRODUCTS 14/2, 2ND CROSS, SSI AREA, 5TH BLOCK, RAJAJINAGAR, BENGALURU-560010.
REPRESENTED BY ITS PARTNER MR. RUSHABH NIKHIL NATHWANI 7. PADMA PERFUMERY WORKS # 147, 2ND MAIN, P. B. NO. 1839 CHAMRAJPET, BENGALURU - 560018 REPRESENTED BY ITS PARTNER MR. D. R. RAJESH 8. SHAKUNTHALA AGARBATHI COMPANY FALCON’S HOUSE, # 41, 4TH PHASE, BOMMASANDRA INDUSTRIAL AREA BOMMASANDRA JIGINI LINK ROAD, BENGALURU - 562106 REPRESENTED BY ITS PARTNER S. S. NISCHAL 9. A RAVI RAG INDUSTRIES # 10, 5TH MAIN ROAD, 9TH CROSS, BHUVANESHWARI NAGAR, MAGADI ROAD, BENGALURU-560023.
REPRESENTED BY ITS PARTNER A RAVICHANDRA 10. B V ASHWATHIAH & BROS, # 29, 1ST CROSS, SRIRAMPURAM, BENGALURU – 560021.
REPRESENTED BY ITS PARTNER B S VINAY KUMAR 11. ARAVINDA PARIMALA WORKS # 919, KANTHARAJ URS ROAD, LAXMIPURAM MYSURU-570004 REPRESENTED BY ITS PARTNER SRI H S RISHI 12. PADMINI PRODUCTS PVT LTD # 157, K KAMARAJ ROAD, BENGALURU-560042 REPRESENTED BY ITS DIRECTOR PRABHU KUMAR 13. ASHOKA TRADING CO., #96, 5TH CROSS, 5TH BLOCK, SSI AREA, RAJAJINAGAR BENGALURU-560010.
REPRESENTED BY ITS PARTNER T. SRINIVAS 14. NEW ORIENTAL AGARBATTI CO., #2, MADARSAB STREET, A S CHAR CROSS, BENGALURU - 560053 REPRESENTED BY ITS MANAGER MR. A. S. M. HUSSAIN 15. THE MODERN INDIA TRADING CO., NO 2/1, TULASI TOTTA ROAD, BENGALURU-560053.
REPRESENTED BY ITS PARTNER D. P. MANJUNATH 16. PARIMAL MANDIR PARIMAL HOUSE, PLOT NO 20-22 8TH MAIN, J C INDUSTRIAL ESTATE YELACHENAHALLI OFF KANAKAPURA ROAD, BENGALURU–560062.
REPRESENTED BY ITS PARTNER S G RADHAKRISHNA 17. SRI SUJATHA SUGANDHALAYA No 100, 5TH MAIN ROAD, 8TH CROSS, CHAMARAJPET BENGALURU – 560016.
REPRESENTED BY ITS PROPRIETOR B V SREERAMAIAH 18. POOJA FRAGRANCE #211, 7TH CROSS, 1ST MAIN, CHAMRAJAPET, BENGALURU-560018.
REPRESENTED BY ITS PROPRIETOR, E R MANJUNATHA GUPTA 19. RAJ FRAGRANCES #111, 2ND MAIN ROAD, CHAMRAJAPET BENGALURU-560018.
REPRESENTED BY ITS PARTNER B R SRIDHAR 20. MYSORE SUGANDHI DHOOP FACTORY (P) LTD., # 19/C, 19/D, GOPALAPURAM, MYSORE DEVIATION ROAD BENGALURU-560023.
REPRESENTED BY ITS DIRECTOR DOULAT LUTHRIYA 21. SRI GEETHA BHAGWAN SOAPNUT & PERFUMERY WORKS NO. 106, 1ST MAIN ROAD, 9TH CROSS, CHAMRAJAPET, BENGALURU-560018.
REPRESENTED BY ITS PROPRIETOR, P K RAMAIAH SHETTY 22. MOKSH AGARBATHI CO., # 39, 3RD MAIN, J C INDUSTRIAL ESTATE, YELCHENAHALLI, KANAKPURA MAIN ROAD, BENGALURU-560062.
REPRESENTED BY ITS PARTNER ANAND KUMAR ASHIYA 23. SHASHI INDUSTRIES NO 1046, 4TH ‘M’ BLOCK, DR. RAJKUMAR ROAD, BENGALURU-560010 REPRESENTED BY ITS PARTNER HITEN S 24. SRI BALAKRISHNA PERFUMERY WORKS NO 214, P. B. NO. 1805, 4TH MAIN ROAD, CHAMRAJAPET, BENGALURU-560018.
REPRESENTED BY ITS PARTNER K R RAVI 25. SREE VANI PERFUMERY WORKS # 26, 27, 36, 8, KEMPEGOWDA LAYOUT LAGGERE RING ROAD BEHIND KEMPEGOWDA LAYOUT BUS STOP BENGALURU-560058 REPRESENTED BY ITS PARTNER K S ARAVIND 26. MAHENDRA PERFUMERY WORKS #72/2, 5TH MAIN ROAD, RAGHAVENDRA COLONY, CHAMRAJAPET, BENGALURU-560018.
REPRESENTED BY ITS PARTNER B. KRISHNA KUMAR 27. PRASHANTH AGARBATHI CO P P INDUSTRIAL LAYOUT, DEEPANJALINAGAR, MYSORE ROAD, BENGALURU-560026 REPRESENTED BY ITS PARTNER VIKRAM MUNDHRA 28. AMRUTHA AROMATICS NO.38, 9TH MAIN ROAD, B S K II STAGE, BENGALURU - 560070 REPRESENTED BY ITS PARTNER KRISHNA T V 29. SAVITHRI SUGANDHALAYA P B NO 2636, DEEPANJALINAGAR BENGALURU - 560026 REPRESENTED BY ITS PARTNER SANJAY KUMAR MUNDHRA 30. SARATHI INTERNATIONAL INC., NO 13, 3 D MAIN ROAD, J P NAGAR, 1ST PHASE BENGALURU - 560078 REPRESENTED BY ITS PARTNER B N K SARATHI 31. SRI VIJAYALAKSHMI AGARBATHI WORKS NO 40/3, YELCHENAHALLI, J C INDUSTRIAL AREA, KANKAPURA ROAD, BENGALURU - 560062 REPRESENTED BY ITS PARTNER K S LAKSHMAIAH 32. BETCO ENTERPRISES #72/2, 5TH MAIN ROAD, RAGHAVENDRA COLONY, CHAMRAJAPET, BENGALURU-560018 REPRESENTED BY ITS PARTNER B KRISHNA KUMAR 33. DARSHAN INTERNATIONAL # 141, 3RD MAIN ROAD, CHAMRAJAPET, BENGALURU-560018 REPRESENTED BY ITS PARTNER T S ASHOK 34. RAJALAKSHMI PERFUMERY WORKS #247, 3RD MAIN ROAD, P B 1834, CHAMRAJAPET BENGALURU - 560018 REPRESENTED BY ITS PARTNER R RAVI SHANKAR 35. ASHIKA INCENSE INC., NO 3911, 14TH CROSS, K R ROAD, 9TH MAIN CORNER, BANASHANKARI 2ND STAGE, BENGALURU-560070 REPRESENTED BY ITS PROPRIETOR MR. T V VENU GOPAL 36. SHALIMAR AGARBATHI CO., SHALIMAR HOUSE, P B NO 2114, #32 AND 33, 3RD CROSS, SRIRAMPURAM, BENGALURU-560021 REPRESENTED BY ITS PARTNER MR. ALKESH V SHAH 37. N RANGA RAO & SONS PVT. LTD., #1553, N R HOUSE, VANIVILAS ROAD, MYSURU-570004 REPRESENTED BY ITS DIRECTOR MR. SURESH M R 38. PUSHPA PERFUMERY PRODUCTS PVT. LTD., # 91/13, SSI AREA, 4TH CROSS, 5TH BLOCK, RAJAJINAGAR, BENGALURU - 560010 REPRESENTED BY ITS MANAGING DIRECTOR MR. MAHENDRA MEHTA 39. BALAJI AGARBATHI CO., KANAKAPURA MAIN ROAD KAGGALIPURA LAYOUT, UTTARAHALLI HOBLI BENGALURU - 560082 REPRESENTED BY ITS PARTNER P. R. BHASKAR 40. INCENSE CREATORS NO 33, 9TH CROSS, RANGASAPPA LAYOUT, MICO BANNERGHATTA ROAD, BENGALURU - 560030 REPRESENTED BY ITS PARTNER B. S. NARAYAN 41. ANANTH AGARBATHI COMPANY # 1, 2, 3 1ST MAIN ROAD, 4TH CROSS, CHAMRAJAPET BENGALURU - 560018 REPRESENTED BY ITS PARTNER A. ASHWIN 42. ORKAY FRAGRANCE # 237/11, RAGHUVANAHALLY KANAKAPURA MAIN ROAD, BENGALURU - 560062 REPRESENTED BY ITS PARTNER NAGARAJ P L 43. GANGA PRODUCTS # 9, 5TH CROSS, SUBRAMANYAPURA ROAD, KADIRENAHALLI BENGALURU - 560062 REPRESENTED BY ITS PARTNER B.V. DHANANJAYA.
44. SHANKER PERFUMERY WORKS NO 34, TALKAD SUBBARAO LANE COTTON PET BENGALURU - 560 053 REPRESENTED BY ITS PARTNER K. S. SHANKAR ... APPELLANTS (BY SRI. SANTHOSH NARAYAN S, ADVOCATE) AND 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LABOUR VIKAS SOUDHA BANGALORE - 560001 2. THE COMMISSIONER OF LABOUR IN KARNATAKA KARMIKA BHAVAN BANNERGHATTA ROAD BANGALORE - 560029 3. FEDERATION OF KARNATAKA CHAMBERS OF COMMERCE AND INDUSTRIES, FEDERATION HOUSE, K.G. ROAD, BANGALORE-560 009.
REPRESENTED BY ITS SECRETARY.
... RESPONDENTS (SRI LAXMINARAYAN, AGA FOR RESPONDENT NOS.1 AND 2) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION Nos.43384-428 OF 2016 DATED 06.09.2016.
THESE WRIT APPEALS COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT In view of the memo filed in the Court today, these writ appeals are dismissed with liberty to the appellants to file fresh appeals on the same cause of action.
Consequently I.A.Nos.1 and 2 of 2019 does not survive for consideration. Hence, both the applications are dismissed.
Sd/- Sd/-
JUDGE JUDGE NG* CT:SMJ