- 1 - HC-KAR NC: 2026:KHC:32330 WP No. 1853 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 1853 OF 2026 (L-MW) BETWEEN: 1. CHIEF ADMINISTRATIVE OFFICER -CUM- SECRETARY, BENGALURU WATER SUPPLY SEWERAGE BOARD, 1ST FLOOR, CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009. 2. THE ASSISTANT EXECUTIVE ENGINEER BENGALURU WATER SUPPLY AND SANITATION SUB-DIVISION (WEST-3) BWB, 5TH STAGE, 1ST MAIN ROAD, B.E.M.L. LAYOUT, R.R.NAGARA, BENGALURU-560 098. …PETITIONERS (BY SRI. SHREENIVAS B.S., ADVOCATE FOR SRI. B.L.SANJEEV, ADVOCATE) AND: 1. SENIOR LABOUR INSPECTOR, 26TH CIRCLE, KARMIKA BHAVANA, BANNERGHATTA MAIN ROAD, BENGALURU-560 029. 2. THE DEPUTY LABOUR COMMISSIONER AUTHORITY UNDER SECTION 20(1) OF MINIMUM WAGES ACT, 1948 REGION- 1, ROOM NO.12 AND 13, KARNATAKA LABOUR, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32330 WP No. 1853 of 2026 INSTITUTE BUILDING, I FLOOR, NEAR GOVT., SECONDARY SCHOOL, MANJUNATHANAGAR, BAGALAGUNTE, BENGALURU-560 073. 3. SHRI SHIVARAM (CONTRACTOR), M/S. NAVODYA SERVICE, NO.53, 3RD FLOOR, INFANTRY ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. K.P.YOGANNA, AGA FOR R1 AND R2; R3 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Shreenivas B.S., counsel on behalf of Sri.B.L.Sanjeev, for the petitioners and Sri.K.P.Yoganna, Additional Government Advocate for respondent Nos.1 and 2 appeared in person. Emergent notice to respondent No.3 was issued. Respondent No.3 though served has neither engaged the services of an advocate nor has he conducted the case as a party-in-person. - 3 - HC-KAR NC: 2026:KHC:32330 WP No. 1853 of 2026 2. This petition is filed seeking following reliefs: (a) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the order dated 15.02.2025 passed by the Deputy Labour Commissioner & Authority under the Minimum Wages Act, 1948, Region - 1, Bengaluru, the 2nd respondent herein, in Case No.UKaaAaaBen- 1/KaVeKaa/CR-174/2017-18 (vide Annexure- D); insofar as it pertains to the petitioner. (b) Grant such other relief/s that this Hon'ble Court deems fit to grant under the facts and circumstances of the case, in the interest of justice and equity. 3. Counsel for the respective parties presented several contentions. Heard the arguments and perused the papers with care. 4. It is noted that the second respondent vide order dated 15.02.2025 has directed the petitioner to pay the minimum wages. Counsel for the petitioner submits that respondent No.3 was the contractor engaged for the work and was responsible - 4 - HC-KAR NC: 2026:KHC:32330 WP No. 1853 of 2026 for supplying the labourers as well as for payment of their wages. It is contended that there was no privity of contract between the petitioner and the workers. Counsel further submits that respondent No.2, without considering this material aspect of the matter, has passed the impugned order. Hence, it is contended that the impugned order is arbitrary, unsustainable in law, and liable to be set aside. Section 21(4) of the Contract Labour (Regulation and Abolition) Act, 1970, ('the Act' for short) mandates that if the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor any contract as a debt payable by the contractor. In the instant case, since there is no dispute of the fact that respondent No.3 was the contractor who had supplied the workers to the petitioners and respondent No.1 had initiated - 5 - HC-KAR NC: 2026:KHC:32330 WP No. 1853 of 2026 the proceedings for non-payment of the minimum wages, in view of the aforesaid provisions of the Act, the petitioners shall pay the amount as directed in the impugned order and liberty is reserved to the petitioners to recover the same from respondent No.3 contractor in accordance with law. The amount directed in the impugned order shall be deposited before respondent No.1 within a period of eight weeks from the of receipt of the certified copy of this order. 5. Accordingly, the petition is disposed of. Because of disposal of the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 60