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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF JUNE, 2021

BEFORE

THE HON’BLE MR.JUSTICE G.NARENDAR

WRIT PETITION NO.9583/2021(GM-RES)

BETWEEN

KARNATAKA HYDRAULIC ELEVATOR

MANUFACTURES ASSOCIATION,

BENGALURU

A REGISTERED SOCIETY, REGISTERED UNDER

THE KARNATAKA SOCIETIES REGISTRATION

ACT, 1960, SITUATED AT NO.15,

1^ST FLOOR KANAKA COMPLEX

SRINIVASANAGAR

BANASHANKARI 1^ST STAGE

BANGALORE-560 050

REPRESENTED BY ITS PRESIDENT

DR B M UMESH KUMAR

...PETITIONER

(BY SRI: RAMESH N.J., ADVOCATE)

AND

1.

THE STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY,

VIDHANA SOUDHA,

DR AMBEDKAR VEEDHI,

BANGALORE-560 001.

2.

THE KARNATAKA STATE DISASTER

MANAGEMENT AUTHORITY,

REPRESENTED BY ITS PRESIDENT,

SITUATED AT ROOM NO.546 5^TH FLOOR,

M S BUILDINGS, DR AMBEDKAR ROAD

BENGALURU-560 001.

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3.

THE PRINCIPAL/CHIEF SECRETARY

TO GOVERNMENT REVENUE DEPARTMENT

(DISASTER MANAGEMENT) AND CHAIRMAN

STATE EXECUTIVE COMMITTEE

SITUATED AT ROOM NO.627

1^ST GATE 6^TH FLOOR M.S. BUILDING

DR AMBEDKAR VEEDHI

BANGALORE-560 001.

4.

ADDITIONAL CHIEF SECRETARY

TO GOVERNMENT

COMMERCE AND INDUSTRIES DEPARTMENT,

KARNATAKA GOVERNMENT SECRETARIAT,

VIKASA SOUDHA,

DR AMBEDKAR ROAD,

BANGALORE-560 001

5.

INSPECTOR GENERAL OF POLICE,

KARNATAKA STATE,

NRUPATHUNGA ROAD,

BANGALORE-560 001.

…RESPONDENTS

(BY SMT: PRATHIMA HONNAPURA, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE

RESPONDENTS PERMIT THE ELEVATOR INDUSTRY INCLUDING

MANUFACTURERS OF THE ELEVATORS, IT COMPONENTS,

SPARE PARTS, SERVICE PROVIDERS AND ITS DEALERS OF

THE SAME DURING THE PRESENT AND FUTURE LOCK DOWN

PERIOD TO OPERATE BY CONSIDERING THE SAME AS

ESSENTIAL

AND

EMERGENCY

SERVICE

REQUIRING

CONTINUOUS OPERATION AND ISSUE NECESSARY CIRCULAR

TO THAT EFFECT AND DIRECT THE RESPONDENTS TO

CONSIDER THE TECHNICAL STAFF INCLUDING ENGINEERS,

TECHNICIANS, MECHANICS, HELPERS PERTAINING TO THE

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LIFT/ELEVATOR SERVICE ARE AS ESSENTIAL WORKERS

DURING THIS AND FUTURE PANDEMIC ALSO AND ISSUE

NECESSARY CIRCULAR TO THAT EFFECT AND ETC.

THIS WRIT PETITION COMING ON FOR ‘ORDERS’, THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioner.

2.

The petitioner claims to be an Association of

manufacturers of lifts and agencies for maintenance and

service providers of the same. That the elevator/lifts are

an essential part of multi-storied constructions and in the

health care sector. That the requirement of their services

is round the clock and despite the sensitive nature of the

service which they render, the Government in the garb of

pandemic has virtually prevented the movement of

personnel.

3.

Learned

Additional

Government

Advocate

places on record the latest Notification issued by the

Government dated 11.06.2021, which permits the

activities and movement of persons, which is further

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clarified by Annexures – A and B of the Notification. The

relevant extract of the Notification, reads as under:-

•

“All

production

units/establishment/

industries are permitted to function with

50% of their staff strength strictly adhering

to COVID appropriate behaviour. However,

production

units/establishments/industries

engaged in Garment manufacturing are

permitted to function with 30% of their staff

strength

strictly

adhering

to

COVID

appropriate behaviour.

•

Shops dealing with food, groceries, fruits

and vegetables, meat and fish, dairy and

milk booths, and animal fodder shall be

allowed to function from 6 am to 2 pm.

Street vendors allowed to function from 6

am to 2 pm. Public Distribution System

shops are allowed from 6 am to 2 pm.

Standalone liquor shops and outlet