- 1 - HC-KAR NC: 2025:KHC-D:13844 WP No. 102396 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 102396 OF 2024 (L-PG) BETWEEN: BALU INDIA FACTORY, R/BY ITS FACTORY PROPRIETOR, JASPAL SINGH CHANDOCK, 43B, KAKTI INDUSTRIAL AREA, BELAGAVI-591 113. … PETITIONER (BY SMT. CHETANA S. BIRAJ, ADVOCATE) AND: 1. DEPUTY LABOUR COMMISSIONER AND AUTHORITY UNDER THE PROVISIONS OF THE MINIMUM WAGES ACT, BELAGAVI-590 008. 2. BALU INDIA EMPLOYEES UNION (REGD.) OFFICE, C/O. SIDARAJ K. NAIK, H.NO.29, MAIN ROAD, MUTTYANATTI, POST: KAKATI, DIST. BELAGAVI-591 113. … RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1; SRI. C.H. NAIK, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE JUDGMENT AND ORDER AT ANNEXURE-F PASSED BY VI ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI DATED 28/02/2024 IN M.A. NO.39/2021 AND ISSUE WRIT OF CERTIORARI QUASHING THE ORDER AT ANNEXURE-D PASSED BY THE 1ST RESPONDENT DATED 21/02/2020. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.15 10:05:30 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13844 WP No. 102396 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner as well as learned AGA appearing for respondent No.1. 2. Learned counsel for respondent No.2 is not present. 3. Learned counsel for the petitioner would submit that the order is passed directing the petitioner to pay arrears of salary to the workmen of the petitioner - establishment. It is her contention that the petitioner could not produce the relevant records before the authority relating to the salary payable to the workmen and without there being any records and materials to calculate the arrears of salary, the authority has calculated the arrears in terms of the impugned order. 4. It is further submitted that ₹18,00,000/- is already deposited by the petitioner and the workmen have received their dues to the extent of ₹6,17,967/- and balance amount is lying with respondent No.1. 5. It is further submitted that since the impugned order is passed without recording the evidence and considering - 3 - HC-KAR NC: 2025:KHC-D:13844 WP No. 102396 of 2024 materials, the matter be remitted to the authority to ascertain the dues payable, if any, to the workmen of the petitioner - establishment. 6. None appears for respondent No.2. 7. Learned Government Advocate would submit that the impugned order is passed by taking into consideration all the materials placed on record. 8. Since the record is produced to evidence ₹6,17,967/- is withdrawn by the workmen collectively, this Court is of the view that the impugned order has to be set aside and the matter has to be remitted to the first respondent - authority to consider the actual dues, if any, payable to the workmen of the petitioner - establishment or the members of respondent No.2 - Union. 9. Under these circumstances, without expressing anything on the merits and the claim of either of the parties, the impugned order is set aside. The matter is remitted to respondent No.1 to ascertain and calculate the dues, if any, payable towards arrears of salary of the members of respondent No.2 - Union. - 4 - HC-KAR NC: 2025:KHC-D:13844 WP No. 102396 of 2024 10. All contentions kept open. 11. The amount in deposit shall be released in favour of the petitioner as it is submitted by the learned counsel for the petitioner that in case the petitioner is found liable to pay the arrears of salary to the members of respondent No.2, the petitioner would repay the amount as per the order. 12. The petition allowed in part. 13. Interim application at I.A.No.3/2024 is also allowed. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 61