- 1 - HC-KAR NC: 2026:KHC:27731 WP No. 16646 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16646 OF 2024 (GM-RES) BETWEEN: M/S. BVG INDIA LIMITED A COMPANY WITHIN THE MEANING OF THE COMPANIES ACT, 1956 AND THE COMPANIES ACT, 2013, HAVING ITS OFFICE AT BVG HOUSE NO. 47, MILLERS TANK BUND ROAD, VASANTHNAGAR, BENGALURU-560 052, REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR. D. A. JOSHI. SENIOR MANAGER COMMERCIALS. …PETITIONER (BY SRI. VISHWAS. N., ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF RAILWAYS, RAIL BHAWAN, NEW DELHI-110 001, REPRESENTED BY ITS CHIEF SECRETARY. 2. RAIL WHEEL FACTORY (INDIAN RAILWAYS) YELAHANKA, BENGALURU-560 064. REPRESENTED BY ITS GENERAL MANAGER. 3. THE CHIEF ENGINEER RAIL WHEEL FACTORY (INDIAN RAILWAYS), YELAHANKA, BENGALURU-560 064. 4. THE DEPUTY CHIEF ENGINEER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27731 WP No. 16646 of 2024 RAIL WHEEL FACTORY (INDIAN RAILWAYS), YELAHANKA, BENGALURU-560 064. 5. THE SECRETARY MINISTRY OF LABOR AND EMPLOYEMENT, GOVERNMENT OF INDIA, SHRAM SHAKTHI BHAVAN, RAFI MARG, NEW DELHI-110 001. …RESPONDENTS (BY SRI. B. PRAMOD & SMT. V. RAJINI. ASG FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR APPROPRIATE WRIT OR ORDER SETTING ASIDE THE LETTER DTD. 12.08.2023 ISSUED BY THE R-2 TO 4 WHEREBY THE PETITIONERS REQUEST FOR REIMBURSEMENT OF ENHANCED RATES OF MINIMUM WAGES ALONG WITH INTEREST AT 13.17 PERCENT ANNUM UP TO THE DATE OF FINAL PAYMENT WAS REJECTED (ANNX-A) AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2026:KHC:27731 WP No. 16646 of 2024 ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: a) Issue a writ in the nature of Certiorari or appropriate writ or order setting aside the letter dated 12.08.2023 issued by the Respondent Nos. 2 to 4 whereby the Petitioner's request for reimbursement of enhanced rates of minimum wages along with interest @13.17% per annum up to the date of final payment was rejected. (Annexure A). b) Issue a writ in the nature of mandamus or appropriate writ or order declaring that the action of the Respondents in rejecting Petitioner's request for reimbursement of enhanced rates of minimum wages vide their letter dated 12.08.2023 is highly arbitrary and illegal and without authority of law. (Annexure A). c) Issue a writ in the nature of mandamus or appropriate writ or order declaring that for the period when the Agreement dated 08.06.2016 was in existence/operation, the Petitioner would be entitled for payment of enhanced wages in pursuance to the Notification dated 20.04.2017 issued under the Minimum Wages Act, 1948 (Annexure F). d) Issue a writ in the nature of mandamus or appropriate writ or order directing the respondents to reimburse the enhanced rates of minimum wages amounting to Rs. 2,54,23,793/- due to petitioner as per Petitioner's letter dated 19.06.2023 along with interest @13.17% up to the date of actual payment (Annexure S). e) Grant such order as this Hon'ble Court deems fit in the interest of justice and equity. - 4 - HC-KAR NC: 2026:KHC:27731 WP No. 16646 of 2024 2. Respondent No.2 had floated a public tender in pursuance of which the Petitioner was declared as successful bidder and an agreement was executed between the Petitioner and Respondent on 08.06.2016 in pursuance of which the Petitioner had rendered some set of services. The Petitioner having raised his invoices, the payments not having been made had submitted a representation, which was not considered. Hence, the Petitioner had approached this Court by filing WP No.43936/2018. This Court vide order dated 23.05.2023 had directed the Respondents to consider the representation submitted by the Petitioner and pass necessary orders within three months. The Respondents have thereafter considered the representation and rejected the contention of the Petitioner. It is in that background that the Petitioner is before this Court challenging the rejection dated 12.08.2023. 3. The agreement between the Petitioner and Respondent No.2 being covered by an arbitration clause; when there is a dispute as regards any particular aspect relating there to, it is for the aggrieved party to invoke the arbitration clause and place the grievances on record before the appropriate Court. A Writ Petition seeking for setting - 5 - HC-KAR NC: 2026:KHC:27731 WP No. 16646 of 2024 aside an order of rejection of the claim made by the Petitioner and for a further direction to make payment of a sum of Rs.2,54,23,793/- cannot be granted by this Court in exercise of a writ jurisdiction. Reserving liberty to the Petitioner to avail of appropriate remedy under the agreement entered into between the Petitioner and the Respondent No.2, the Writ Petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 43