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2006 Supreme(SC) 446

ARIJIT PASAYAT, TARUN CHATTERJEE
Lingegowd Detective & Security Chamber Pvt. LTD. – Appellant
Versus
Mysore Kirloskar LTD. – Respondent


JUDGMENT

Arijit Pasayat, J.—Challenge in this appeal is to the legality of judgment rendered by a Division Bench of the Karnataka High Court in Writ Appeal Nos. 5887/1997 and 6105-6107/1997. By the impugned judgment, the order passed by a learned Single Judge was set aside.

2. Background facts, in a nutshell, are as follows :

Aggrieved by the orders passed by the Authority under The Minimum Wages Act, 1948 (in short ‘the Act’), the appellant-Lingegowd Detective & Security Chamber (P) Limited (appellant in C.A. No. 4497/2000) (in short ‘Lingegowd’) filed a writ petition praying for setting aside the orders on the ground that since its establishment of providing security personnel to various organization was not a scheduled employment as detailed in the Schedule to the Act (hereinafter referred to as the ‘Schedule’) and as no specific Notification was issued in that behalf, the impugned orders were without jurisdiction. The writ petitions were allowed holding that the workmen of Lingegowd were not entitled to grant of minimum wages. However, taking into account the beneficial nature of the provision, the learned Single Judge directed Mysore Kirloskar Limited, (appellants in Civil Appeal






















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