M M ASSOCIATES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in the above writ petition has sought for a writ of certiorari to quash the order dated 26.06.2018 bearing No.ZPK/CDP.7/Health/CR.01/ 2018-19 passed by the 5th respondent, vide Annexure- D.

(2.) It is the case of the petitioner that the petitioner is a service establishment registered under the provisions of the Karnataka Shops and Commercial Establishments Act, 1961 and doing the business in man power supply. The petitioner got registered its name with the Labour Department of Kolar on 15.04.2018 and the Registration Certificate of the petitioner is being renewed from time to time. From the date of registration, the petitioner is doing the business of supplying the man power, such as group-D employees, data operators, auditors, engineers, programmers and system administrators, to various departments of the Government in the District of Kolar. At present, the petitioner is providing man power supply of 140 employees in such authorities of the Government in the Kolar District, including 77 group-D employees to the 4th respondent. When things stood thus, the 5th respondent, without issuing show cause notice to the petitioner, has proceeded to pass the impugned order dated 26.06.2018, thereby black listing the petitioner, assigning certain reasons, mainly on the premise that the petitioner has not rendered proper service. The ESI and PF details of the group-D employees were not furnished by the petitioner and cheques were not received by the petitioner. Therefore, petitioner is before this Court for the relief sought for.

(3.) The respondents filed objections to the writ petition and raised various contentions about the illegalities committed by the petitioner and sought to dismiss the writ petition.