PANCHAYAT DEVELOPMENT OFFICER v. THE DEPUTY LABOUR COMMISSIONER
WP/2447/2025 · 2025-01-30
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15020 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15020 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4341 WP No. 2447 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 2447 OF 2025 (L-MW) BETWEEN:
PANCHAYAT DEVELOPMENT OFFICER, R. NULENURU GRAMA PANCHAYATH, HOLALKERE TALUK, CHITRADURGA DISTRICT- 577 526, BY SRI. YASHAVANTHAKUMAR S S/O SHIVANANDAPPA, AGE 38 YEARS. …PETITIONER (BY SRI. SHRIDHAR NARAYAN HEGDE, ADVOCATE) AND:
1.
THE DEPUTY LABOUR COMMISSIONER, KALBURGI APPOINTED TO ACT AS A DEPUTY LABOUR COMMISSIONER, UNDER THE PAYMENT OF WAGES ACT, REGIONAL OFFICE, KALABURGI.
2.
THE LABOUR INSPECTOR, HOSADURGA CIRCLE, HOSADURGA, CHITRADURGA DISTRICT-577 526.
3.
SRI. NAGARAJU K.K.
S/O SUNANDA RAJ, AGED ABOUT 27 YEARS, R/O HANUMALI VILLAGE R. NULENURU, Digitally signed by C HONNUR SAB Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:4341 WP No. 2447 of 2025 HOLALKERE TALUK, CHITRADURGA DISTRICT -577 526 …RESPONDENTS (BY SRI. S.H. RAGHAVENDRA, AGA FOR R1 AND R2;
SRI. R. SHASHIDHARA, ADVOCATE FOR R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 20.12.2024 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS COURT, CHITRADURGA IN IS PRODUCED AS PETITION FR NO.MR/12/2024, WHICH ANNEXURE-H TO THE WP AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard
learned counsel for the petitioner, learned Government Advocate for respondents No.1 and 2 and learned counsel appearing for the respondent No.3.
2. This appeal is filed against the order dated 20.12.2024 passed by the learned Principal District Court, Chitradurga in M.A.No.12/2024. Said appeal is filed invoking Section 17(1) of the Payment of Wages Act, 1936 (hereinafter referred to as 'the Act' for short). Said appeal is directed against the order of
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NC: 2025:KHC:4341 WP No. 2447 of 2025 the competent authority under the Act. Respondent No.3 claims to be the employee of petitioner Panchayat. It is the case of respondent No.3 before competent authority that wages payable to him are not paid by the employer. The claim of Rs.1,80,000/- was made before the competent authority. The claim is allowed directing the petitioner to pay Rs.5,81,713/-. Against the said order, an appeal is filed. The provision requires the amount to be deposited before the Appellate Authority. Since the amount is not deposited, the appeal is dismissed vide impugned order dated 20.12.2024.
3. Learned counsel for the petitioner submits that the petitioner could not deposit the amount before the Appellate Authority. However, petitioner is now ready to deposit the amount and demand draft is also drawn in favour of respondent No.1. The respondent No.1 shall accept the said deposit and thereafter, the learned District Judge shall hear the matter on merits.
4. Learned counsel for the respondent No.3 at this juncture, submits that Rs.47,000/- is admitted due even according to the petitioner. Under these circumstances,
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NC: 2025:KHC:4341 WP No. 2447 of 2025 respondent No.1 shall remit Rs.47,000/- out of the amount deposited to the respondent No.3. It is stated that demand draft is already sent to respondent No.1 and respondent No.1 shall encash the said demand draft and remit Rs.47,000/- to the respondent No.3.
5. The impugned order dated 20.12.2024 is set aside. Nothing is expressed on the merits of the matter. The party shall appear before the learned District Judge on 17.02.2025 without awaiting any notice from the jurisdictional Court.
6. The balance amount shall be kept in bank deposit in a nationalized bank for a period of one month with auto renewal mandate. Sd/- (ANANT RAMANATH HEGDE) JUDGE MH/- List No.: 1 Sl No.: 32 CT:SNN