- 1 - HC-KAR CNR: KAHC010639512023 NC: 2026:KHC:44575 WP No. 27802 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 27802 OF 2023 (L-MW) BETWEEN: THE COMMISSIONER, CITY MUNICIPAL COUNCIL, BHADRAVATHI, TARIKERE ROAD, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 301 …PETITIONER (BY SRI. SANJEEV B.L., ADVOCATE) AND: 1. LABOUR INSPECTOR, 2ND CIRCLE, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301. 2. THE DEPUTY LABOUR COMMISSIONER AND AUTHORITY UNDER SECTION 20 OF THE MINIMUM WAGES ACT, 1948 HASSAN REGION, ARALIKATTE ROAD, PWD COLONY, HASSAN - 573 201. SHRI RAVEENDRAN (CONTRACTOR), M/S SHABARI ENTERPRISES, 5TH CROSS, KANAKANAGAR, BHADRAVATHI, SINCE DECEASED BY LRS 3. SRI. ABHINANDAN, S/O LATE RAVEENDRAN Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010639512023 NC: 2026:KHC:44575 WP No. 27802 of 2023 AGE: MAJOR, 4. SRI ARAVINANDAN, S/O LATE RAVEENDRAN, AGE: MAJOR, 5. SRI. ABHISHEK S/O LATE RAVEENDRAN, AGE: MAJOR, ALL ARE RESIDING AT 3RD CROSS, HOSABULAPURA, NEAR GOVERNMENT SCHOOL, BHADRAVATHI - 577 301. 6. THE PRINCIPAL SECRETARY, GOVT., OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENTS (BY SRI. RAJA KUMAR M., AGA FOR R1, R2 & R6 R4 - SERVED AND UNREPRESENTED V/O DTD. 10/08/2026, NOTICE TO R3 & R5 ARE HELD SUFFICIENT AND 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: - 3 - HC-KAR CNR: KAHC010639512023 NC: 2026:KHC:44575 WP No. 27802 of 2023 ORAL ORDER Sri. Sanjeev B. L., counsel for the petitioner, and Sri. Rajakumar M., AGA for respondents 1, 2 and 6, appeared in person. The Court ordered an emergent notice to the respondents. A perusal of the office note shows that respondent No. 4 has been served and is unrepresented. A perusal of the order sheet dated 10.08.2026 reflects that notice to respondents 3 and 5 is held sufficient. They have neither engaged an advocate nor conducted the case in person. 2. The order dated 19.07.2023, passed by the Deputy Labor Commissioner and Authority vide Annexure-D, is challenged in this writ petition on several grounds as set out in the memorandum of the writ petition. 3. The first respondent, suo motu, filed a claim application before the second respondent seeking the difference in minimum wages and compensation for the workers deployed by the contractor/respondent No.3. The workers referred to in the claim petition were all engaged by the contractor and were - 4 - HC-KAR CNR: KAHC010639512023 NC: 2026:KHC:44575 WP No. 27802 of 2023 not employed by the petitioner. However, the second respondent, vide order dated 19.07.2023, allowed the claim petition and directed the petitioner and the contractor/respondent No.3 to pay the difference in minimum wages and compensation to the workers. Under these circumstances, the Commissioner, City Municipal Council, is before the Court on several grounds as set out in the memorandum of the writ petition. 4. Counsel for the respective parties advanced several contentions. The Court heard the arguments and perused the papers with care. 5. It is not undisputed that the petitioner did not employ the workers, who were engaged by the contractor/respondent No.3. The question of the petitioner paying wages to those workers does not arise, as there was no employer-employee relationship between the petitioner and the said workers. The Labor Commissioner has failed to address this issue and has erroneously fastened the liability to pay minimum wages and compensation on the City Municipal - 5 - HC-KAR CNR: KAHC010639512023 NC: 2026:KHC:44575 WP No. 27802 of 2023 Council. The order passed by the Labor Commissioner is liable to be quashed. 6. The writ of Certiorari is ordered. The order dated 19.07.2023 passed by the Deputy Labor Commissioner and Authority, vide Annexure-D, is hereby quashed as far as the petitioner is concerned. 7. Accordingly, the writ petition is allowed. On disposal of the Writ Petition, any interim order stands discharged, and pending interlocutory applications, if any, are disposed of. Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 40