ORAL ORDER

The present petition is by the petitioner/party-in-

person aggrieved by the order dated 31.05.2021 produced as Annexure-A1 by which the respondent No.2, Assistant Labour Commissioner has declined to entertain the petition filed by the petitioner seeking redressal of his grievance under the provisions of the Karnataka Shops and Commercial Establishment Act, 1981 on the premise that he has no jurisdiction to entertain the same.

2. The petitioner, party-in-person drawing the attention of this Court to the Notification dated 06.09.2021 produced at Annexure-B points out to the following:

"PÀæªÀÄ 39 gÀ°è ¥ÀæzÀvÀÛªÁzÀ C¢üPÁgÀªÀ£ÀÄß ZÀ¯Á¬Ä¹, F »AzÉ ºÉÆgÀr¸À¯ÁzÀ J¯Áè C¢ü¸ÀÆZÀ£ÉUÀ¼À£ÀÄß gÀzÀÄÝUÉƽ¹ PÉÆõÀ×PÀzÀ 2£Éà CAPÀtzÀ°è £ÀªÀÄÆ¢¹gÀĪÀ PÀæ.¸ÀA.11 jAzÀ 21 gÀ ªÀgÉV£À C¢üPÁjUÀ¼À£ÀÄß "ªÉÄîä£À«

¥Áæ¢üPÁj" (Appellate Authority) UÀ¼À£ÁßV £ÉêÀÄPÀ ªÀiÁqÀ¯ÁVz"É.

3. He further points out tabular column found at page No.33 of the writ petition wherein at Sl.No.20 in respect of the establishments situated at Mangaluru to which the petitioner's case pertains, the Assistant Labour Commissioner has been designated as the Appellate Authority. Thus referring to the same, the petitioner/ party-in-person submits that the order impugned is unsustainable as the same is passed by the Assistant Labour Commissioner, who himself is the Appellate Authority, by erroneously referring to the earlier notification which is now stood withdrawn by the Notification dated 06.09.2021 produced at Annexure-B.

4. In response, learned counsel for respondent No.4 submits that respondent No.4 is located at Special Economic Zone, Mangalore where the petitioner was employed before his termination. That as per the Special Economic Zonal Policy of the Government of Karnataka power of Labour Commissioner, Government of Karnataka in relation to Industrial Disputes Act, 1947 and other related Acts in respect of unit and workmen employed is delegated to the Designated Development Commissioner who will have jurisdiction in relation to all Labour matters pertaining to a unit located in SEZ. Learned counsel for the respondent No.4 brings to the notice of this Court the Notification dated 29.07.2022 which reads as under:

Government of Karnataka No: LD 385 LET 2022 Karnataka Govt. Secretariat.

Vikasa Soudha, Bengaluru, Dated:29/07/2022.

NOTIFICATION In order to exercise the powers under various Labour Laws delegated to Development Commissioner Special Economic Zones (SEZs) in Karnataka such as matters pertaining to Registrations and Renewals under Contract Labour (Abolition and Regulation) Act 1974, Building and Other Construction Workers Act 1996 and Cess Act 1996, Inter State Migrant Workman Act 1963, Payment of Bonus Act 1965, Industrial Disputes Act, 1947, Industrial Employment (Standing Order) Act, 1946 and rules there made under in respect of establishments located at Special Economic Zones (SEZs) in Karnataka. Further to enable redressed of grievances and effective enforcement of various Labour Laws and other connected matters, the Government of Karnataka hereby appoints the following Deputy Labour Commissioners on additional charge basis as Special Officer to Special Economic Zones (SEZs) in their respective jurisdiction/ districts in Karnataka with immediate effect and until further orders.

1. Deputy Labour Commissioner. Region-1, Bangalore. 2. Deputy Labour Commissioner. Region-2. Bangalore.

3. Deputy Labour Commissioner, Hassan Region. Hassan.

4. Deputy Labour Commissioner. Belagavi Region, Belagavi.

5. Deputy Labour Commissioner. Kalaburagi Regional, Kalaburagi.

All the above mentioned Deputy Labour Commissioner.

Labour Department. Government of Karnataka shall continue their routine duties of the present post and also perform the duties of the Special Economic Zones (SEZs) in Karnataka under various Labour Laws on additional charge basis.

The Notification No: LD 73 LET 2019, dated:15/01/2021 is hereby withdrawn with immediate effect.

By order and in the name of the Governor of Ka