IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.47790/2018 (L-MW) BETWEEN KARNATAKA RAJYA SAMAJA KALYANA ILAKHEYA HOLIGE UTPADANA KENDRAGALA MAHILA DARJI KELASAGARARA FEDERATION, MUNICIPALITY COMPLEX, NO 1, FIRST FLOOR, JAYADEVA CIRCLE, DAVANAGERE - 2, (REPRESENTED BY ITS PRESIDENT).
(BY SRI. NARAYANA SWAMY K. B, ADVOCATE) AND 1. PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL WELFARE, GOVT. OF KARNATAKA, 4TH FLOOR, DR. B. R. AMBEDKAR VEEDHI, BENGALURU – 560001.
2. THE COMMISSIONER DEPT. OF SOCIAL WELFARE, GOVT. OF KARNATAKA, 5TH FLOOR, M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI , BENGALURU – 560001.
... PETITIONER 3. DISTRICT SOCIAL WELFARE OFFICER DEPARTMENT OF SOCIAL WELFARE, UPSTAIRS, TOWN CO-OPERATIVE SOCIETY, CHITRADURGA – 577509.
4. THE SECRETARY ZILLA PARISHAD, CHITRADURGA – 577509.
(BY SMT. M. S. PRATHIMA, AGA FOR R1 TO R3) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO RESPONDENTS TO FORTHWITH DEPOSIT RS.4,12,245/- WITH THE MINIMUM WAGES AUTHORITY AT CHITRADURGA TOGETHER WITH INTEREST FROM THE YEAR 2005 AT THE RATE OF 12% SO AS TO ENABLE 31 WORKERS OF TAILORING PRODUCTION UNIT, CHITRADURGA TO GET THEIR DUES FROM THE SAID AUTHORITY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
The workmen of Tailoring Production Unit, who are represented by Karnataka Rajya Samaja Kalyana Ilakheya Holige Utpadana Kendragala Mahila Darji Kelasagarara Federation had earlier approached this Court in W.P.No.39242/2000. The said writ petition was disposed of on 08.09.2005 with a direction to the Minimum Wages Authority to distribute the deposited amount within a week to the employees in question after satisfying with regard to their identity and with regard to their claim. This direction was issued since it was brought to the notice of this Court that Deputy Social Welfare Officer had deposited a sum of Rs.4,12,245/- on 24.08.2005 before the Minimum Wages Authority.
2. Unfortunately, the said amount instead of being deposited before the Minimum Wages Authority, was deposited with Assistant Provident Fund Commissioner, Bellary. During the course of this proceedings, by order dated 09.01.2019, this Court directed the learned Additional Government Advocate to recover the amount deposited with Assistant Provident Fund Commissioner, Bellary and deposit the same before the Minimum Wages Authority to enable the petitioners to get the amount released in terms of the order passed by this Court on 08.09.2005, in W.P.No.39242/2000.
3. Today, learned Additional Government Advocate has filed a memo dated 13.02.2019 stating that the Deputy Director, Social Welfare Department, Chitradurga has deposited a sum of Rs.10,55,347/- bearing cheque No.577002505, dated 02.02.2019, which includes initial amount of Rs.4,12,245/- along with interest calculated at 12% p.a., from November 2005 to December 2018, before the Assistant Labour Commissioner, Minimum Wages Authority, Bellary Division. It is therefore, submitted by the learned Additional Government Advocate that the grievance of the petitioner is redressed and the petitioner may approach the Assistant Labour Commissioner, Minimum Wages Authority, Bellary Division, Davanagere, for recovery of the amount.
4. Learned counsel for the petitioner also submits that the grievance of the petitioner stands redressed. Therefore, this writ petition is disposed of and the Assistant Labour Commission, Minimum Wages Authority, Bellary Division, Davanagere is directed to disburse the deposited amount within a period of two weeks, as and when the employees approach the said authority. However, the said authority may satisfy himself with regard to the identity of each individual workman and the claim and disburse the amount, accordingly.
5. The authority is also permitted to take the assistance of the petitioner-Union for the said purpose.
6. Needless to say that the respondents may recover the amount that was earlier deposited with the Assistant Provident Fund Commissioner, Bellary.
SD/- JUDGE DL