Karnataka High Court
The Medical Officer vs C Shanmukappa on 28 February, 2024
Author: S.G.Pandit
Bench: S.G.Pandit
-1-
NC: 2024:KHC:8294
WP No. 49400 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 49400 OF 2013 (L-MW)
BETWEEN:
1. THE MEDICAL OFFICER
PRIMARY HEALTH CENTRE,
BEERANAHALLY (HUNASGHATTA),
TARIKERE TALUK,
CHICKMAGALUR DISTRICT - 577 102
REP. BY DR NAVEENKUMAR
S/O ESWAR SETTY
AGED ABOUT 29 YEARS.
2. THE DISTRICT HEALTH OFFICER
CHICKMAGALUR DISTRICT,
JYOTHINAGARA POST - 577 102
CHICKMAGALUR,
REP. BY DR.NIRAJ.B.V.
Digitally signed AGED ABOUT 47 YEARS.
by A K
CHANDRIKA
Location: HIGH 3. THE ZILLA PANCHAYATH
COURT OF CHICKMAGALUR, REP.BY
KARNATAKA
ITS CHIEF EXECUTIVE OFFICER
JYOTHINAGAR POST
CHIKMAGALUR
...PETITIONERS
(BY SRI. ASHOK N NAYAK., ADVOCATE)
AND:
1. C SHANMUKAPPA
S/O CHANDRAPPA,
MAJOR,
-2-
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WP No. 49400 of 2013
EX-NIGHT WATCHMAN,
R/O BEERANAHALLI VILLAGE,
TARIKERE TALUK,
CHIKMAGALUR DISTRICT - 571 102
2. THE SECRETARY
DEPARTMENT OF HEALTH AND
FAMILY WELFARE,
GOVT. OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE-1.
...RESPONDENTS
(BY SRI.BOPANNA BELLIAPPA, AGA FOR R2., ADVOCATE
R1 SERVED)
THIS W.P. IS FILED UNDER ARTICLES 226 & 27 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH JUDGMENT
PASSED BY THE MINIMUM WAGES AUTHORITY COURT
DATED:26.09.2012 (25.10.2012) PRODUCED AS ANNEX-F &
ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners are before this Court under Article 226 of
the Constitution of India, questioning the correctness and
legality of the order dated 26.09.2012 (25.10.2012) in
No.PÀ.ªÉÃ.PÁ-55/2009 passed by the Labour Officer and
Competent Authority under Minimum Wages Act, 1948 (for
short "1948 Act") Chikkamagalur.
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2. Heard learned counsel Sri.Ashok N Nayak for
petitioner and learned Additional Government Advocate
Sri.Bopanna Belliappa for respondent No.2. Perused the
writ petition papers.
3. Learned counsel for the petitioner would submit that
in terms of the Government Order dated 25.06.2005
(Annexure-C), Zilla Panchayats were permitted to appoint
99 Night Security Guards on consolidated pay of
Rs.1,000/- p.m.. In terms of the said Government Order,
the first respondent was appointed as Night Security
Guard under Official Memorandum dated 14.02.2007
(Annexure-E) for a period of one year on consolidated
salary of Rs.1,000/- p.m., by the second petitioner-District
Health and Family Welfare Officer. Learned counsel would
further submit that after expiry of one year, respondent
No.1 was not continued and he has received consolidated
salary of Rs.1,000/- for a period of one year, for which
period he was appointed. Learned counsel would submit
that thereafter in the year 2009, respondent No.1 initiated
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proceedings claiming minimum wages under the provisions
of 1948 Act. Learned counsel without going into merits of
the case would submit that proceedings initiated by
respondent No.1 is hit by proviso to Section 20(2) of 1948
Act and he would submit that respondent No.1/claimant
ought to have made an application seeking minimum
wages within six months from the date of such minimum
wage became payable. Learned counsel would also submit
that other persons appointed under the same official
memorandum dated 14.02.2007 were before this Court in
W.P.No.49394/2013 and this Court, only on the ground of
delay in approaching the Authority claiming minimum
wage, allowed the writ petition and set aside the order
passed by the Competent Authority. Thus, he prays for
allowing the writ petition.
4. Learned Government Advocate would not dispute the
order passed by this Court in other writ petitions.
5. Respondent No.1 was appointed for a period of one
year on consolidated salary of Rs.1,000/- p.m., as Night
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Security Guard by the second petitioner-District Health
and Family Welfare Officer under Official Memorandum
dated 14.02.2007. More than a year after his term,
respondent No.1 appears to have approached the
Competent Authority under 1948 Act, claiming minimum
wages. Proviso to Section 20(2) of 1948 Act requires that
every such application shall be presented within six
months from the date on which minimum wages or other
amounts become payable. Even thereafter, an application
could be made and such application could be entertained if
the applicant satisfies the Authority under the Act that he
had sufficient cause for not making application within such
period. In the instant case, admittedly, application
claiming minimum wage is made after expiry of six
months and no plausible explanation is offered for six
months delay in making the application.
6. In identical fact situation, this Court in
W.P.No.49394/2013 disposed of on 30.08.2023 allowed
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the writ petition and set aside the order passed by the
Competent Authority.
7. For the reasons recorded above, the writ petition is
allowed. The impugned order dated 26.09.2012
(25.10.2012) in No.PÀ.ªÉÃ.PÁ-55/2009 passed by the Labour
Officer and Competent Authority is set aside and
application of respondent No.1 for minimum wages stands
rejected.
Sd/-
JUDGE
MPK
CT:JR
