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N. V. ANJARIA, K. V. ARAVIND
Karnataka Employers’ Association – Appellant
Versus
All India Trade Union Congress (R) Karnataka State Committee – Respondent
JUDGMENT :
N.V. Anjaria, C.J., K.V. Aravind, J.
In all the captioned appeals, 52 in numbers, not only common facts and identical issues are involved, also all the appellants have challenged the same judgment and order of learned Single Judge dated 26th September 2023 passed in writ petition No.3632 of 2023. Therefore, all the appeals which were heard together, are treated simultaneously by this common order for their disposal.
2. Similarly as in the case of first captioned writ appeal No.23 of 2024 where the appellant is an association of employers registered as Trade Union under the Trade Unions Act, 1926, in all other appeals also the appellants are employers or the association of employers representing the employers. All these appellants were not party to the main proceedings of writ petition decided by learned Single Judge. The respective applications filed by them for leave to appeal were granted by this Court as per order dated 2nd August 2004 and they were permitted to prosecute their appeals.
2.1 As per the impugned judgment and order which is a common challenge, learned Single Judge set aside Notification dated 28th July 2022 issued by the Government under Section 3(1)(b)
The principles of natural justice require stakeholder participation in wage fixation processes, and failure to include employers renders the decision arbitrary.
The validity of notifications fixing minimum wages is contingent on compliance with statutory procedures, particularly the issuance of preliminary notices and consultation with an Advisory Board, fai....
Determination of minimum rates of wages – Once there was no mistake, same could not have been corrected in exercise of powers under Section 10 of Act, 1948.
The State Government has the authority to make interim arrangements for enhancing the wages of tea garden workers, pending finalization of the minimum wage settlement under the Minimum Wages Act, 194....
The government’s discretion in fixing minimum wages under the Minimum Wages Act is legally valid and not subject to judicial review except on substantial grounds.
The court upheld the validity of government notifications on minimum wage revisions, affirming compliance with procedural requirements under the Minimum Wages Act, 1948.
The court upheld the Government's authority to revise minimum wages under the Minimum Wages Act, emphasizing limited grounds for judicial review.
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