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2021 Supreme(Kar) 332

M.NAGAPRASANNA
Karnataka Rajyada Yella Dinagoolie Kshemabhiruddhi Vidheyakadadi Nemanukiyaada Naukarara Vakoota, Vijapur, A Registered Labour Union – Appellant
Versus
State of Karnataka Represented by its Principal Secretary Department of Horticulture/Sericulture, Bengaluru – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Sanjay M. Joshi.
For the Respondents: Sri. Y.H. Vijayakumar, Smt. Anuradha M. Desai.

ORDER :

1. These cluster of petitions are filed by the Associations comprising of daily wage employees seeking to declare among others Rules 4(3) and 4(4) of the Karnataka Daily Wage Employees Welfare Rules, 2013 (herein after referred to as ‘the Rules’ for short) as ultra vires to Sections 2(a) and 4(2) of the Karnataka Daily Wage Employees Welfare Act, 2012 (‘the Act’ for short) and have called in question those Government orders/ memoranda issued from time to time, which run counter to the provisions of the Act and the Rules resulting in taking away certain benefits available to the petitioners thereunder.

2. Sans unnecessary details, brief facts leading to the filing of present petitions, as borne out from the pleadings, which are almost similar in all the cases, are as follows:-

    Petitioner is a Union of daily wage employees working in various departments of Government and Corporations which are under the control of Government. The limited grievance of the petitioners in all these cases is that the Government after promulgation of the Act and the Rules framed thereunder issued Government orders and memoranda taking away the benefits conferred upon such employees under the Act. Sin

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