LAWS(KAR)-2016-9-91

FEDERATION OF KARNATAKA, CHAMBERS OF COMMERCE AND INDUSTRIES FEDERATION HOUSE, BENGALURU AND OTHERS Vs. THE GOVERNMENT OF KARNATAKA AND ANOTHER

Decided On September 06, 2016
Federation of Karnataka, Chambers of Commerce and Industries Federation House, Bengaluru and Others Appellant
V/S
The Government of Karnataka and Another Respondents

JUDGEMENT

(1.) The petitioners have challenged the legality of the notification dated 4-8-2015 issued by the Government of Karnataka, whereby the Government has prescribed the minimum wages for the workers and staff officers who are working in the Agarbathi Industries in the State of Karnataka.

(2.) The brief facts of the case are the that minimum wages for the workers of the Agarbathi Industries was prescribed by notification dated 2-3-2009. Ever since 2009, the minimum wages were not revised. Therefore, considering the fact that minimum wages need not be revised periodically, by order dated 17-5-2014, the State Government constituted a sub-committee in order to review the minimum wages applicable to the workers of the Agarbathi Industries. Subsequently, the Additional Labour Commissioner, who is also the Secretary of the Karnataka State Minimum Wage Advisory Board, issued notices with regard to holding of the committee meetings in order to hear the views of the stakeholders. Consequently, the representatives of the employers, the representatives of various trade unions, and independent members held several rounds of discussions with regard to the proportionality of increase in the minimum wages.

(3.) The petitioners also submitted representations, dated 19-9-2014 and 11-11-2014, wherein they highlighted the difficulties faced by them, if there were increase in the wages of the workmen. According to the petitioners, they agreed to increase the minimum wages to a certain limit. Thereupon, the committee made its recommendations. According to the recommendations, the committee advised the Government to increase the minimum wages for the post of Supervisor, Lab Technician and Lab Assistant as Rs. 7,900.00, Rs. 7,600.00 and Rs. 7,400.00 per month respectively. However, notwithstanding the recommendations of the committee, by notification dated 4-8-2015, the State Government has increased the recommendations of the committee by Rs. 1,000.00 in the cases of Supervisor, Lab Technician and Lab Assistant, and similarly, increased the minimum wages by Rs. 1,000.00 from the recommendations of the committee for Office Staff and Driver. Hence, these petitions before this Court.