IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION NO.28225/2019 (L MW) BETWEEN ST. JOHN’S NATIONAL ACADEMY OF HEALTH SCIENCES ALL EMPLOYEES STAFF ASSOCAITION, NO.4/1-1, B-CROSS, CHINNAMMA LAYOUT, MARUTINAGAR, BENGALURU-560068 REPRESENTED BY ITS PRESIDENT DR. SARIO PEREIRA MOBLIE 9945104927 ... PETITIONER (BY SRI SARIO PEREIRA, PARTY-IN-PERSON.) AND 1. THE SECRETARY, LABOUR DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA BENGALURU-560001 2. THE LABOUR COMMISSIONER GOVERNMENT OF KARNATAKA KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560029 3. THE ASSISTANT LABOUR COMMISSIONER DIVISION-4 GOVERNMENT OF KARNATAKA, 1ST FLOOR, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560029.
4. THE DEPUTY LABOUR COMMISSIONER REGION-2, GOVERNMENT OF KARNATAKA, GROUND FLOOR, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560029 5. LABOUR OFFICER SUB DIVISION-4 1ST FLOOR, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560029 6. SENIOR LABOUR INSPECTOR CIRCLE 21, 1ST FLOOR, KARMIKA BHAVANA , BANNERGHATTA ROAD, BENGALURU-560029.
7. THE DEPUTY LABOUR COMMISSIONER REGION-1 GOVERNMENT OF KARNATAKA GROUND FLOOR, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560029 8. ST. JOHN’S NATIONAL ACADEMY OF HEALTH SCIENCES, SARJAPURA ROAD, BENGALURU 560034 REPRESENTED BY ITS DIRECTOR.
... RESPONDENTS (BY SRI S.N.MURTHY, SR. ADV. FOR SRI SOMASHEKAR, ADV. FOR R8 ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE SENIOR LABOUR INSPECTOR 21ST CIRCLE BENGALURU [WORKING UNDER DEPUTY LABOUR COMMISSIONER REGION- 2] TO CONDUCT ENQUIRY IN COORDINATION WITH THE ST.JOHN'S NATIONAL ACADEMY OF HEALTH SCIENCE ALL EMPLOYEES STAFF ASSOCIATION AND SUBMIT THE CLAIM PETITIONS FOR MINIMUM WAGES FOR THE EMPLOYEES OF ST.JOHN'S NATIONAL ACADEMY OF HEALTH SCIENCE TO THE JURISDICTIONAL MINIMUM WAGES LABOUR COMMISSIONER [i.e. DEPUTY LABOUR COMMISSIONER REGION-E] w.e.f 06.1.2017 AS PER APPLICATION DT:1.7.2019 FILED BY APPLICANT TO SENIOR LABOUR INSPECTOR CIRCLE 21 FILED UNDER SECTION NO.19, 20, 21 OF MINIMUM WAGES ACT 1948 WITH SECTION 32 OF THE KARNATAKA MINIMUM WAGES RULES 1958 FOR CONDUCTING AN ENQUIRY REGARDING COMPLIANCE WITH MINIMUM WAGES ACT [SUBMITTED AS ANNEXURE-C] ETC.
THIS WRIT PETITION COMING ON FOR ‘PRELIMINARY HEARING’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the petitioner/party-in-person and Sri.S.N.Murthy, learned Senior counsel appearing on behalf of respondent No.8-Hospital.
2. Petitioner is before this Court seeking for various reliefs which virtually calls for the Court to do the job of quantifying the amounts that are allegedly due to the members of the petitioner’s union in view of the order passed by this Court while disposing off the batch of writ petitions calling in question the notification dated 06.01.2017 issued by the State thereby stipulating the minimum wages.
3. That apart, it is seen that a dispute of a similar nature has already been raised before the Competent Authority and in the said proceedings, notice has been issued to respondent No.8 herein.
4. In that view of the matter, it is appropriate to direct to the petitioner to approach the Competent Authority and to seek for appropriate relief in the pending proceedings.
Accordingly, the petition is disposed of with liberty to the petitioner to approach the Competent Authority and to seek for appropriate relief in the pending proceedings.
No costs.
VM CT:HR Sd/- JUDGE