MAHALAKSHMI TALKIES v. AMRUTHAGOUDA S/O BHEEMANAGOUDA PATIL
WP/62682/2011 · 2025-12-17
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62351 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62351 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:18371 WP No. 62682 of 2011
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 62682 OF 2011 (L-MW)
BETWEEN:
SRI. MAHALAKSHMI TALKIES, BY ITS PARTNER SRI. SANTOSH SOOJI S/O SRI. SURESH, AGED ABOUT 46 YEARS, R/O. OLD BUS STAND ROAD, GADAG.
… PETITIONER (BY SRI. MALLIKARJUN C. BASAREDDY, ADVOCATE)
AND:
SRI. AMRUTHAGOUDA S/O BHEEMANAGOUDA PATIL, AGED ABOUT 32 YEARS, R/O. BACKSIDE OF HULIKOTI, HIGH SCHOOL, 4TH CROSS, SHIVAJINAGAR, BETEGERI, GADAG DISTRICT.
… RESPONDENT (BY SRI. ANANT P. SAVADI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, QUASHING THE IMPUGNED ORDER PASSED BY THE LABOUR OFFICER AND AUTHORITY OF MINIMUM WAGES ACT 1948, GADAG DISTRICT, IN CASE NO.Ka:Aga/KaVeKa/Claim-09/10 DATED: 04/03/2011, VIDE ANNEXURE-J AND DISMISS THE CLAIM PETITION OF THE RESPONDENT AND ETC.
THIS PETITION COMING ON FOR DISMISSAL, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.19 16:10:09 +0530
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HC-KAR NC: 2025:KHC-D:18371 WP No. 62682 of 2011
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
2. This petition is filed assailing the order dated 04.03.2011 passed by the Labour Officer and Authority under the Minimum Wages Act, 1948, Gadag District. In terms of the order dated 04.03.2011, the petitioner is
directed to pay Rs.1,08,708/- towards the arrears of wages and penalty.
3.
Learned counsel for the petitioner would submit that fair opportunity was not given to the petitioner to produce the records in support of his defence and case is abruptly posted for argument, as such, the petitioner was deprived of leading evidence.
4. It is noticed that the respondent/employee has not cross-examined the petitioner.
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HC-KAR NC: 2025:KHC-D:18371 WP No. 62682 of 2011
5. Under these circumstances to do complete justice to the parties, without entering into the merits of the matter, the impugned order is set aside. Hence, the following:-
ORDER (i) Petition is allowed. (ii) The impugned order dated 04.03.2011 passed by the Labour Officer and Authority under the Minimum Wages Act, 1948, Gadag District is set aside. (iii) Both parties are permitted to lead evidence before the Authority and the Authority shall consider the evidence to be led by both parties and thereafter, shall pass appropriate orders. (iv) The exercise shall be completed within six months from the date of the receipt of the copy of the order.
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HC-KAR NC: 2025:KHC-D:18371 WP No. 62682 of 2011
5. It is made clear that this Court has not expressed anything on the merits of the matter. All contentions left open.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
CHS CT:BCK LIST NO.: 1 SL NO.: 67