- 1 - NC: 2025:KHC:17008 WP No. 4749 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.4749 OF 2025 (L-MW) BETWEEN: ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS NO. 19, BHARAT BHAVAN, NO. 35, INFANTRY ROAD, BENGALURU - 560 001. REPRESENTED BY ITS STATE PRESIDENT - SHRI P. P. APPANNA. …PETITIONER (BY SRI. CLIFTON D' ROZARIO, ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI-110001. 2. THE CHIEF LABOUR COMMISSIONER, SHRAMEV JAYATE BHAWAN PLOT NO. G-4, SECTOR-10, DWARKA, NEW DELHI - 110 075. …RESPONDENTS (BY SMT. SAROJINI MUTHANNA K., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:17008 WP No. 4749 of 2025 DIRECT THE RESPONDENTS TO REVISE THE MINIMUM WAGES AS PER THE PARAMETERS FIXED BY THE HON'BLE SUPREME COURT IN SECRETARY VS. MANAGEMENT OF REPTAKOS BRETT AND CO. LTD AND ANR. (AIR 1992 SC 504) APPLICABLE W.E.F 20.01.2022, WHEN THE REVISION OF WAGES WAS LAST DUE; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, a Central Trade Union recognized by the Government of India with workers in both organized and unorganized sectors even across the State of Karnataka, has filed this petition for directions to the Union Government and the Chief Labour Commissioner with the Central Government to revise the minimum rates of wages in terms of the parameters exposited by the Apex Court in 'Secretary v. Management of Reptakos Brett and Company Limited and Another'1 with effect from 20.01.2022. 1 AIR 1992 SC 504 - 3 - NC: 2025:KHC:17008 WP No. 4749 of 2025 2. Sri Clifton D' Rozario, the learned counsel for the petitioner, relying upon Section 3[1][b] of the Minimum Wages Act 1948 [for short, 'the MW Act'], submits that the appropriate Government [in the present case the Central Government] will have to review the minimum rates of wages at regular intervals but the interval cannot be more than five years, and that in this case, the last revision is on 19.01.2017 and there is no revision thereafter. 3. Smt. Sarojini Muthanna, the learned standing counsel for the respondents, while stating that she has to receive instructions from the respondents, submits that before taking a decision on reviewing the minimum rates of wages, the respondents will have to consider the circumstances in which variable dearness allowance is granted and there will also have to be Committees/Sub- Committees as is contemplated under Section 5 of the MW Act before there could be a revision. - 4 - NC: 2025:KHC:17008 WP No. 4749 of 2025 4. However, this Court must observe that the salient is that the last revision is in the year 2017 for the period ending 2020-21. As per Section 3[1][b] of the MW Act, the workmen/ their Union have a right to seek revision, and because the claim for this right is not addressed, the petition is well founded, and therefore, there must be a direction. As such the second respondent must be directed to inform the petitioner about the in-principle decision on the revision of minimum rates of wages and the process that is set in motion to work out the details for the Notification. Smt Sarojini Muthanna is also heard in the light of this opinion, and the petition must be disposed of with certain directions. However, it is needless to observe that this disposal does not prejudice any right that is in the workmen or prejudice the petitioner's rights to pursue further remedy upon receipt of the details as aforesaid. In the light of the afore, the following: - 5 - NC: 2025:KHC:17008 WP No. 4749 of 2025 ORDER [a] The petition stands disposed of directing the second respondent to inform the petitioner about the in-principle decision to revise minimum rates of wages as is contemplated under Section 3[1][b] of the MW Act reserving liberty to the petitioner to file a certified copy of this order with the second respondent within four [4] weeks from the date of receipt of such order. [b] The second respondent, upon receipt of a certified copy of this order as aforesaid, shall inform the petitioner as aforesaid on or before 30.09.2025. Sd/- (B M SHYAM PRASAD) JUDGE AN/- List No.: 1 Sl No.: 1