IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.11839-11841 OF 2018 (GM-RES) C/W WRIT PETITION NOs.48353-48357 OF 2017 AND WRIT PETITION NO.49165 OF 2017 In W.P.Nos.11839-11841/2018 BETWEEN:
1. Mr. Prabhakar Jagannath Shetty, S/o Mr. Jagannath Shetty, Aged about 65 years, R/at ‘Roopali Palace’, Kalyan Ambernath Road, Opp.Radha Swamisatsang Hall, Ulhasnagar – 421 003.
Thane (District.)., Maharashtra. Represented herein by his Power of Attorney Holder And Petitioner No.3, Sri. Shrinath Hebbar, S/o late Srinivasa Hebbar, Aged 53 years, 2. Mrs. Vinodha Prabhakar Jaganath Shetty, W/o Mr. Prabhakar Jagannath Shetty, Aged about 61 years, R/at ‘Roopali Palace’, Kalyan Ambernath Road, Opp.Radha Swamisatsang Hall, Ulhasnagar – 421 003.
Thane (District.)., Maharashtra. Represented herein by his Power of Attorney Holder And Petitioner No.3, Sri. Shrinath Hebbar, S/o late Srinivasa Hebbar, Aged 53 years, 3. Sri. Shrinath Hebbar, S/o late Srinivasa Hebbar, Aged 53 years, Proprietor, M/s. Land Trades, Builders and Developers, 1st Floor, New Milagris Mansion, Falnir Road, Mangaluru – 575 001.
(By Sri. Anandarama K., Advocate) AND:
1. Government of Karnataka, Department of Labour, Vikasa Soudha, Dr. Ambedkar Veedhi, Bengaluru – 560 001. Represented by its Principal Secretary.
2. Labour Officer and Cess Assessment Officer, Under the Building and Other Construction Workers Welfare Cess Act, 1996, Office of the Labour Officer and Cess Assessment Officer Under the Building and … Petitioners Other Construction Workers Welfare Cess Act, 1996, D. K. Sub Division – 1, Prakruti Commercial Complex, 2nd Floor, Bunts Hostel, Kadri Road, Mangaluru – 575 003.
(By Sri. Y. D. Harsha, AGA) … Respondents These Writ Petitions are filed under Article 226 of the Constitution of India praying to quash the order dated 15.11.2017 (Annexure – K) passed by the Labour Officer – cum – welfare cess Assessment Officer under the Building and Other Construction Workers Welfare Cess Act, 1996, D.K. Sub – Division – 1, Mangaluru, Respondent No.2 herein, in Case No.CWWB/KaAa/DK-1/REG.No.101/2013-14 and etc., In W.P.Nos.48353-357/2017 & 49165/2017 BETWEEN:
1. Mr. Ravi Prabhakar D’Abreo, S/o late Desmond D’Abreo, Aged about 41 years, R/at No.301, Ashley House, Ashoka Road, Off Hutchins Road, Thomas Town, Bengaluru – 560 084.
2. Mr. Ashish Prabhakar D’Abreo, S/o late Desmond D’Abreo, Aged about 39 years, No.115, Railway Parallel Road, Kumara Park (West), Bengaluru – 560 020.
3. Mrs. Sophie D’Souza Sophie Vivian D’Souza, D/o late Ligory Urban D’Souza, W/o Mr. Clarence Pais, Aged about 77 years, R/at “Law Dale”, Light House Hill, Mangaluru – 575 001.
4. Mrs. Rita Sequeira, D/o late Ligory Urban D’Souza, W/o Mr. Charles Sequeira, Aged about 81 years, R/alternatively at 1030, Carter Crest Road, Edmonton, Canada and St. Joseph’s Highlands, Lower Bendore, Mangaluru- 575 001.
Represented herein by her Power of Attorney Holder, Mrs. Sophie D’Souza @ Sophie Vivian D’Souza, D/o late Ligory Urban D’Souza, W/o Mr. Clarence Pais, Aged about 77 years, 5. Mr. Joseph Marian D’Souza, S/o late Ligory Urban D’Souza, Aged about 65 years, R/at St. Joseph’s Highlands, Lower Bendore, Mangaluru – 575 001.
6. Sri. Shrinath Hebbar, S/o late Srinivasa Hebbar, Aged 53 years, Proprietor, M/s. Land Trades, Builders and Developers, 1st Floor, New Milagris Mansion, Falnir Road, Mangaluru – 575 001.
(By Sri. Anandarama K., Advocate) AND:
1. Government of Karnataka, Department of Labour, Vikasa Soudha, Dr. Ambedkar Veedhi, Bengaluru – 560 001. Represented by its Principal Secretary.
2. Labour Officer and Cess Assessment Officer, Under the Building and Other Construction Workers Welfare Cess Act, 1996, Office of the Labour Officer and Cess Assessment Officer Under the Building and Other Construction Workers Welfare Cess Act, 1996, D. K. Sub Division – 1, Prakruti Commercial Complex, 2nd Floor, Bunts Hostel, Kadri Road, Mangaluru – 575 003.
(By Sri. Y. D. Harsha, AGA) … Petitioners … Respondents These Writ Petitions are filed under Article 226 of the Constitution of India praying to quash the order dated 15.07.2017 at Annexure – G passed by R-2 in Case No.CWWB/KaAa/DK-1/Reg.No.91 /2013-14 and etc., These Petitions coming on for Orders, this day, the Court made the following:-
ORDER Sri. Anandarama K., learned counsel for the petitioners.
Sri. Y.D. Harsha, learned Additional Government Advocate for the respondents.
These petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. In W.P.Nos.11839-11841/2018, petitioners have prayed for the following reliefs:
“(i) Call for records in Case No.CWWB/KaAa/DK-1/Reg No.101/ 2013-14 on the file of Respondent No.2.
(ii) Issue a writ of certiorari or any other writ or order quashing the order dated 15.11.2017 (Annexure-K) passed by the Labour Officer-cum-Welfare Cess Assessment Officer under the Building and Other Construction Workers Welfare Cess Act, 1996, D.K. Sub-Division-1, Mangalore, Respondent No.2 herein, in Case No.CWWB/KaAa/DK-1/Reg.No.101 /2013-14, in the interest of justice;
(iii) Grant costs of the proceedings; and (iv) Grant such other and further reliefs including the issue of any writ order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case.”
3. In W.P.Nos.48353-48357/2018 and W.P.No.49165/2017, petitioners have prayed for the following reliefs:
“(i) Call for records in Case No.CWWB/KaAa/DK-1/Reg No.91/ 2013-14 on the file of Respondent No.2.
(ii) Issue a writ of certiorari or any other writ or order quashing the order dated 15.07.2017 (Annexure-G) passed by Respondent No.2 in Case No.CWWB/KaAa/DK-1/Reg.No.91 /2013-14, in the interest of justice;
(iii) Grant costs of the proceedings; and (iv) Grant such other and further reliefs including the issue of any writ order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case.”
4. When the matters were taken up today, learned counsel for the petitioners submits that the controversy involved in the instant writ petitions are squarely covered by the order dated 22.02.2019 passed in W.P.No.49516/2016.
5. On the other hand, learned Additional Government Advocate did not dispute the aforesaid submission after going through the order.
6. In view of the aforesaid submission and for the reasons assigned in the order dated 22.02.2019 in W.P.No.49516/2016, the impugned orders are quashed and the writ petitions are disposed of on same terms and with similar directions.
Sd/- JUDGE Mds/-