- 1 - NC: 2025:KHC:16821 WP No. 24089 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24089 OF 2024 (L-PW) BETWEEN: THE CHIEF GENERAL MANAGER BHARAT SANCHAR NIGAM LIMITED NO.1, S.V. ROAD, HALASURU BENGALURU- 560 008 KARNATAKA REP. BY AGM (LEGAL) BSNL-BGTD. …PETITIONER (BY SRI. Y HARIPRASAD, ADV.) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE DEPUTY LABOUR COMMISSIONER AND AUTHORITY UNDER PAYMENT OF WAGES ACT, REGION-2, KARMIKARA BHAVAN BANNERUGHATTA ROAD NEAR DAIRY CIRCLE BENGALURU -560 029. 2. SRI GANGADHARAIAH B.S S/O. SIDDAIAH AGED ABOUT 54 YEARS RESIDING AT 132, BASAVANA MATHIKERE ASALI KUNIGAL TALUK, ARAKERE TUMAKURU - 572 130. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:16821 WP No. 24089 of 2024 3. SRI BABU R S S/O. SUNDER AGED ABOUT 40 YEARS R/AT: 17, MUNINAGAPPA LAYOUT R.T. NAGAR POST BENGALURU-560 032. 4. SRI CHADRA SHEKAR N. S/O. NARAYANA SWAMY AGED ABOUT 43 YEARS R/AT: 1545, MUNIYACHARI BLOCK R.T. NAGAR POST BENGALURU - 560 032. 5. SRI PALANI K. S/O. KUPPUSWAMY AGED ABOUT 48 YEARS R/AT: 206, 4TH MAIN ROAD BHUVANESHWARINAGAR MANORAYANAPALYA BENGALURU-560 032. 6. SRI RAMDAS C. S/O. CHINNAPPAN AGED ABOUT 53 YEARS R/AT: 50, SHADABNAGAR MAIN ROAD DEVARAJIVANAHALLI BENGALURU- 560 045. 7. SRI SHIVALINGAIAH S/O. GONAIAH AGED ABOUT 52 YEARS R/AT: 20, 1ST MAIN, 2ND CROSS KAMALANAGAR BASVANNA TEMPLE BENGALURU- 560 079. 8. SRI LINGARAJU S.B. S/O. BATTASWAMY AGED ABOUT 42 YEARS R/AT: 1, SHANKARAPURA COLONY SANKENAPURA, AMRUTHUR KUNIGAL TALUK - 3 - NC: 2025:KHC:16821 WP No. 24089 of 2024 TUMAKURU - 572 111. 9. SRI JAYANNA S/O. ERAPPA AGED ABOUT 37 YEARS R/AT: KANAKAPURA POST HANDANAKERE HOBLI DEVANANDA HOSAHALLI TUMAKURU-572 119. 10. SRI VIJAY KUMAR S/O. NATARAJAN P.K. AGED ABOUT 41 YEARS R/AT: 2137, K.H.B. MAIN ROAD BEHIND M.M. MEDICALS KAVERINAGAR BENGALURU -560 032. 11. SRI SOMASHEKAR S/O. MUNIYAPPA AGED ABOUT 40 YEARS R/AT: 18, RAGHUVANAHALLI MANDUR POST BENGALURU EAST - 560 049. 12. SRI GOVINDARAJU S/O. MUNIYAPPA AGED ABOUT 45 YEARS R/AT: 109, 10TH MAIN, 7TH CROSS, H.B.R. LAYOUT, HENNUR CROSS KALYAN NAGAR POST BENGALURU- 560 043. 13. SRI RAMAKRISHNA H. S/O. HANUMANTHAPPA AGED ABOUT 37 YEARS R/AT: 1/1, 21, 1ST MAIN VERAPALLI ANANTHAPURA - 515 261. 14. SRI LALBHADUR THAPPA S/O. NARBHADHUR - 4 - NC: 2025:KHC:16821 WP No. 24089 of 2024 AGED ABOUT 41 YEARS R/AT: 16, 8TH CROSS KANAKANAGAR, R T NAGAR BENGALURU- 560 032. 15. SRI KARNAL RAJ S/O. JAYRAJ AGED ABOUT 40 YEARS R/AT: G.7/1, P AND T QUARTERS KAVALBYRASANDRA, R T NAGAR BENGALURU- 560 032. 16. SRI MICHAEL S/O KAUSAL YARAMAN AGED ABOUT 37 YEARS R/AT E2, 5TH CROSS SWATHANTHRANAGAR CHIKKABASAVANAPURA, K R PURA BENGALURU- 560 049. 17. SRI GOPALAKRISHNA M.V S/O. VENKATARAMANAPPA AGED ABOUT 41 YEARS R/AT: 29, 1ST B MAIN VENKATEGOWDA LAYOUT KEMPAPURA, H.A. FARM POST BENGALURU - 560 024. 18. SRI SANNAMADA SHETTY S/O. CHINNA SHETTY AGED ABOUT 49 YEARS R/AT: 84, 3RD CROSS JAVAGANAHALLI VILLAGE BG PURA HOBLI, MALAVALLI TALUK MANDYA-571 417. 19. SRI DUGGAIAH S/O. VENKATESH R/AT: 348, M.R.S. PALYA NANDHIDURGA ROAD BENGALURU- 560 046. - 5 - NC: 2025:KHC:16821 WP No. 24089 of 2024 20. SRI MAHESHA S/O. NINGAIAH AGED ABOUT 36 YEARS R/AT KOPPA, KUNIGAL RURAL TUMAKURU - 572 142. 21. SRI PUTTARAJU R.C. S/O. CHIKKA THIMMAIAH AGED ABOUT 47 YEARS R/AT: 8, 1ST MAIN, 4TH CROSS KEMPEGOWDA NAGAR VISHWANEEDAM POST BENGALURU - 560 091. 22. SRI ROOPESH S/O. K. BHASKAR AGED ABOUT 33 YEARS R/AT: 1254, 2ND CROSS NANJAMMA LAYOUT, 7TH CROSS ATHMANANDHA COLONY, R T NAGAR, BENGALURU-560 032. 23. SRI CHIKKAIAH S/O. CHIKKANNA AGED ABOUT 60 YEARS R/AT: 1ST MAIN, ULLAL UPANAGARA AMBEDKAR NAGAR BENGALURU -560 056. 24. SRI THANGAMANI S. S/O. SAMPATH AGED ABOUT 49 YEARS R/AT 32-A, INDIRA GANDHI ST., 2ND MAIN, UDAYANAGAR BENGALURU -560 016. 25. SRI SANJIVAIAH S/O. CHIKKASANNAIAH AGED ABOUT 40 YEARS R/AT: 163, 3RD CROSS KEBBEHALLA, VISHWNEEDAM BENGALURU -560 091. - 6 - NC: 2025:KHC:16821 WP No. 24089 of 2024 26. SRI KUPPARAJU M. S/O. MURUGESHAN AGED ABOUT 40 YEARS R/AT:102, MAIN ROAD ASWATHNAGAR, SANJAYNAGAR BENGALURU- 560 094. 27. SRI JUBALAPPA S/O. THAYAPPA AGED ABOUT 41 YEARS R/AT: 5, 1ST MAIN ROAD 2ND CROSS, K.G. COLONY GANGANAGAR, R.T. NAGAR BENGALURU- 560 032. 28. SRI BHASKAR S/O. KRISHNAN AGED ABOUT 41 YEARS R/AT:13/13, 10TH CROSS BALAJI LAYOUT, BHADRAPPA LAYOUT BENGALURU - 560 094. 29. SRI MADHUKUMAR G.N. S/O. NINGAPPA AGED ABOUT 36 YEARS R/AT: 26, DOWN GOLLARATTI KADUR TALUK, S. BIDRE CHIKKAMAGALURU - 577 146. 30. SRI K.K. RAJU S/O. KEMPARASAYA AGED ABOUT 53 YEARS R/AT: 75/1, KAMALA NAGAR CHANDRA NAGAR BASAVESHWARANAGAR BENGALURU- 560 079. 31. SRI RAVIKUMAR C.S. S/O. SHIVANNA AGED ABOUT 43 YEARS R/AT: 20/3, NEAR 'F' BUS STAND ABBIGERE, CHIKKABANAVARA - 7 - NC: 2025:KHC:16821 WP No. 24089 of 2024 BENGALURU- 560 090. 32. SRI N. THANGAVELU S/O. NARASAN AGED ABOUT 53 YEARS R/AT: 27, RAJABIDHI 3RD BLOCK DODDABOMMASANDRA VIDYARANYAPURA BENGALURU-560 097. 33. SRI SRINIVASA S/O. RAJANNA AGED ABOUT 51 YEARS R/AT: 46, KONDASHETTYHALLI GUNIAGRAHARA, SHIVAKOTE BENGALURU-560 089. 34. SRI SIDDARAJU S/O. SIDDEGOWDA AGED ABOUT 46 YEARS R/AT G-7, MR QUARTERS SANJAYNAGAR BENGALURU- 560 094. 35. SRI PRAKASH R.D. S/O. R. RAMU AGED ABOUT 22 YEARS R/AT: 694, 1ST FLOOR, 1ST MAIN MUNIRAJAIAH BLDG. MATHIKERE, BENGALURU-560 054. 36. SRI SAMPATH G S/O. GOPAL AGED ABOUT 41 YEARS R/AT: 111, 19TH CROSS NEW BAGALUR LAYOUT ST. THOMAS TOWN BENGALURU - 560 084. 37. SRI PANCHALINGAIAH S/O. NANJAPPA AGED ABOUT 51 YEARS ATTINGERE POST, - 8 - NC: 2025:KHC:16821 WP No. 24089 of 2024 MAGADI TALUK RAMANAGARA BENGALURU - 561 201. 38. SRI RANGANATH S/O. PUTTARANGAIAH AGED ABOUT 41 YEARS R/AT: 838, 4TH CROSS SANJAYNAGAR BUS STOP KAMALANAGAR BENGALURU - 560 097. 39. SRI SRINIVASAN S/O. CHITTIRAJ AGED ABOUT 53 YEARS R/AT: 31, 4TH CROSS VIDYARANYAPURA BENGALURU - 560 097. 40. SMT. JYOTHI P W/O. PERUMAL AGED ABOUT 45 YEARS R/AT: 27/A, MARUTHI LAYOUT DODDABETTAHALLI VIDYARANYAPURA BENGALURU - 560 097. 41. SRI SHIVAKUMAR S/O. GIRIAPPA AGED ABOUT 53 YEARS R/AT: 52, KEREGUDDADAHALLI BENGALURU - 560 090. 42. SRI ANTHONY S. S/O. SELVA NAIR AGED ABOUT 56 YEARS R/AT: 11/05, VINAYAKA STREET 1ST CROSS, VENKATESHPURA BENGALURU - 560 045. SL. NO. 03 TO 42 - REP. BY RESPONDENT NO.02 WHO IS - 9 - NC: 2025:KHC:16821 WP No. 24089 of 2024 AUTHORIZED TO REPRESENT BEFORE THE 1ST RESPONDENT BY AUTHORIZING AS PER ANNEXURE-A TO THIS WRIT PETITION. …RESPONDENTS (BY SRI. RAJAKUMAR, AGA FOR R1 SMT. MAITREYI KRISHNAN, ADV. FOR R2 TO R42) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 18.06.2024 PASSED IN CR NO.93/2021-22 AT ANNX-H AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS ON THE FILE OF THE R-1 IN CR NO.93/2020-21 AND DIRECT THE R-2 TO 42 TO APPROACH THE CENTRAL GOVERNMENT LABOUR AUTHORITY FOR THEIR REDRESSAL AND ALLOW THE WRIT PETITION WITH COSTS. 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 [M/s BSNL] is aggrieved by the first respondent's order dated 18.06.2024 in the proceedings under Section 15(2) of the Payment of Wages Act, 1936 [for short, 'the Wages Act'] in C.R.No.93/2021-22 [Annexure - H]. The petitioner, while calling in question this order, has sought for quashing of the entire proceedings and directing the private respondents to approach the Central - 10 - NC: 2025:KHC:16821 WP No. 24089 of 2024 Government Labour Authority for redressal of their grievance. The first respondent's impugned order is on the petitioner's objection about maintainability of the private respondents’ application before it, and the first respondent has opined that given the definition of an 'Appropriate Government' under the Wages Act, the Officer notified under Section 15(1) thereof can entertain an application under Section 15(2) of the Wages Act for decision on merits. 2. Mr. Y. Hariprasad, the learned counsel for the petitioner, submits that this Court must interfere with the first respondent's order holding that the private respondents' application under Section 15(2) of the Wages Act is properly filed, and the learned counsel contends that the Authority appointed by the Central Government will be the Competent Authority to entertain the private respondents' application even if they could make because the claim is against M/s BSNL [the petitioner]. - 11 - NC: 2025:KHC:16821 WP No. 24089 of 2024 3. Mr. Y. Hariprasad, to support this canvass, relies upon the following decisions of the Apex Court: [i] Heavy Engineering Mazdoor Union Vs. State of Bihar and Others reported in 1969 SC 133. [ii] Steel Authority of India Ltd. and Others Vs. National Union Water Front Workers and Others reported in AIR 2001 SC 3527. [iii] Krishnan Prasad Gupta Vs. Controller, Printing and Stationery reported in AIR 1996 SC 408. [iv] Hindustan Steel Works Construction Ltd. Vs. Commissioner of Labour and Others reported in (1996) 10 SCC 599. 4. Mr. Y. Hariprasad also contends that these decisions would be relevant because the definition of an "Appropriate Government" as is contained in the Wages Act must yield to the definition of the "Appropriate Government" under the - 12 - NC: 2025:KHC:16821 WP No. 24089 of 2024 Industrial Disputes Act, 1947 because there is ambiguity and the object of a unified mechanism for resolution must prevail. In fact, the learned counsel relies upon the decision of the Apex Court in Hindustan Steel Works Construction Limited Vs. Commissioner of Labour and Others [supra] to contend that the petitioner cannot be fastened with any liability to answer a claim under Section 15(2) of the Wages Act. 5. Ms. Maitreyi Krishnan, the learned counsel for the private respondents, and Mr. Rajkumar, the learned Additional Government Advocate for the first respondent, are heard. They rely upon Section 2(i) of the Wages Act and submit that an application under Section 15(2) of the Wages Act would lie before the Central Government Labour Officer only if the claim relates to [a] Railways, [b] Air Transport Services, [c] Mines and Oil Fields, and in all other cases it must be the Officers notified by the - 13 - NC: 2025:KHC:16821 WP No. 24089 of 2024 State Government. Ms. Maitreyi Krishnan, in addition refers to Proviso to Section 15(3) of the Wages Act and canvasses that an application under Section 15(2) of the Wages Act must be disposed of expeditiously, at the first instance within three weeks, and for bona fide reasons, to be recorded in writing, by another three months. 6. The question, whether the private respondents' application with the first respondent is rightly filed, must be examined in the light of the provisions of Section 2(i) of the Wages Act, which reads as under. 2(i) “appropriate Government” means, in relation to railways, air transport services, mines and oilfields, the Central Government and, in relation to all other cases, the State Government." This Court, at the outset, must opine that the provision is categorical. The Central Government would be the "Appropriate Government" when the - 14 - NC: 2025:KHC:16821 WP No. 24089 of 2024 claim is in relation to Railways or Air Transport Services or Mines and Oilfields and in all other cases, the State Government would be the "Appropriate Government". 7. Therefore, an application under Section 15(2) of the Wages Act must be filed with the Authority notified by the State Government under Section 15(1) of the Wages Act unless the claim relates to any of the four authorities as mentioned therein. There is no ambiguity and therefore, the reliance upon the Apex Court’s decision in Krishna Prasad Gupta Vs. Controller Printing and Stationery1 would be of no support to the petitioner. 8. The Apex Court, in this decision, has observed that the Industrial Disputes Act, 1947 and the Payment of Wages Act, 1936 are "corresponding Law" qua each other particularly as both are part of 1 AIR 1996 SUPREME COURT 408 - 15 - NC: 2025:KHC:16821 WP No. 24089 of 2024 the same social legislative canopy made by the Parliament for immediate amelioration of workmen's plight resulting from non-payment or delayed payment. This cannot come to the petitioner's rescue to contend that the private respondents must file their claim under Section 15(2) of the Wages Act with the Labour Authorities notified by the Central Government. As such, the following: ORDER The petition stands disposed of leaving all other questions open for due consideration directing the first respondent to dispose of the private respondents' application in the light of the stipulation as is contained in proviso to Section 15(3) of the Wages Act. Sd/- RB (B M SHYAM PRASAD) JUDGE