High CourtsDivision Bench(2011) 11 KAR CK 0263

Shashwathi Enterprises vs Jyothi Prakash Mirji and Others

Karnataka High Court · Decided on 4 November 2011

HON’BLE JUDGES
Ravi Malimath, J · N. Kumar, J
CASE NUMBER
CCC. No. 2117 of 2011 (Civil)

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Judgment

4 paragraphs · 309 words

Kumar, J.—This petition is filed complaining of disobedience of the order dated 13.07.2011 passed in W.P. No. 25525/2011, where following the judgment rendered in W.P.No.3743/2008 and connected matters disposed off on 24.09.2008, it was held that women can be allowed to work in Bar and Restaurants, subject to the owner of the Bar filing an affidavit to the effect that he will not compel the women to serve liquor to the customers in the premises against the wishes of such women employees and it will be optional for them.

2.

The grievance is in terms of the order, they have filed an affidavit, Inspite of it, physically women are prevented from entering the bar and restaurants. Therefore, a legal notice was issued pointing out the disobedience of the order. In reply to the same, the police authorities have issued an endorsement as per Annexure-k, where they have stated that they have no objection whatsoever to employ the women in the bar and restaurant. However, they have made it clear that such employment should be subject to the conditions stipulated in the said order, which is also extracted in Annexure-K.

3.

The learned Counsel for the petitioner submits that inspite of the same, physically women are prevented from entering the bar and restaurants and they are not permitted to work.

4.

In the light of what is stated above, we find it difficult to accept the assertion made by the petitioner. As it is clear from the order of the Apex Court as well as this Court, women could be employed in bar and restaurants subject to the conditions which are imposed and the police authorities have made it very clear that the petitioner can employ women subject to the conditions stipulated by the Apex Court as well as this Court. We do not see any merit in this petition.