Karnataka High Court Refers Employers' Challenge To Minimum Wage Hike To Division Bench, Declines Interim Relief

  • Karnataka High Court Refers Employers Challenge To Minimum Wage Hike To Division Bench, Declines Interim Relief

    The Karnataka High Court has directed a batch of petitions challenging the State Government's notification revising minimum wages for 81 scheduled employments to be tagged with appeals pending before a Division Bench on a similar issue.Justice HT Narendra Prasad directed the Registry to club the petitions with Writ Appeals Nos. 1684/2026 and 1685/2026, which concern the interpretation of...

    The Karnataka High Court has directed a batch of petitions challenging the State Government's notification revising minimum wages for 81 scheduled employments to be tagged with appeals pending before a Division Bench on a similar issue.

    Justice HT Narendra Prasad directed the Registry to club the petitions with Writ Appeals Nos. 1684/2026 and 1685/2026, which concern the interpretation of Section 69 of the Code on Wages, 2019.

    The petitions have been filed by the Karnataka Employers' Association and other entities challenging the State Government's May 22, 2026 notification revising minimum wages for various scheduled employments.

    The Court noted that the issue concerning the interpretation of Section 69 of the Code on Wages had already been considered by a Single Judge in an earlier petition and that appeals against that decision were pending before the Division Bench.

    Accordingly, the Court directed, “Registry is directed to club all present matters with WA 1684/2026 and WA 1685/2026…”

    The employers had sought interim protection, pointing out that the matter had been pending for several months without any interim order. They argued that the revised wages represented an “astronomical” increase and that implementation across thousands of establishments could result in industrial unrest.

    The Court, however, did not grant any interim protection to the employers against precipitative action while directing that the matters be placed before the Division Bench.

    The Division Bench comprising Justice D.K. Singh and Justice Shanthi Bhushan is expected to hear the matters in due course.

    The employers have challenged the legal basis of the May 22 notification, contending that the State Government relied upon provisions of the Minimum Wages Act, 1948 even though the legislation stood repealed upon the implementation of the Code on Wages, 2019.

    They have specifically questioned the invocation of Sections 3(1)(b) and 5(1)(b) of the 1948 Act.

    The petitioners have also relied upon Section 69 of the Code on Wages, which contains a savings provision for actions taken under repealed enactments, subject to such actions not being contrary to the Code.

    According to the employers, the Code on Wages does away with the concept of “scheduled employments”, which formed the basis of the State Government's notification covering 81 employments.

    The petitioners have further challenged the quantum of the revision, alleging an increase of up to 60 percent and describing it as unaffordable.

    In a connected matter, the Court had on September 18 stayed two subsequent circulars issued by the Karnataka State Audit and Accounts Department and the Directorate of Municipal Administration which had halted implementation of the revised minimum wages.

    The All India Trade Union Congress and others had challenged those circulars, submitting that the revised wages had initially been implemented and one month's salary had been paid to employees/workmen before the circulars were issued.

    The Court had stayed the operation of the July 29 and August 10, 2026 circulars until the next date of hearing.

    The present order concerning the employers' challenge does not decide the validity of the May 22 notification. The matter will now be considered alongside the pending appeals before the Division Bench.

    Case Title: Karnataka Employers' Association & Anr. v. State of Karnataka & Ors. & Connected Matters

    Case No: WP 16145/2026 & Connected Matters

    Sebin James

    Sebin James is a Correspondent with LiveLaw, covering the Karnataka High Court

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