Karnataka High Court Justice Suraj Govindaraj recuses from case on Gig Workers Welfare Act

Justice Suraj Govindaraj of the Karnataka High Court on Wednesday recused from hearing petitions challenging the validity of the Karnataka Platform-Based Gig Workers (Social Security and Welfare) Act, 2025 [Internet and Mobile Association of India (IAMAI) & others v. State of Karnataka].

The judge noted that the petitions challenging the law had been filed through law firm IndusLaw, and hinted at a possible conflict of interest if he were to hear the case.

"IndusLaw? Not before us," the judge said when the matter was taken up today.

Senior Advocate Dhyan Chinnappa, appearing for the petitioners, assured that no one was opposed to Justice Govindraj hearing the matter.

"Everybody is here for your Lordship," Chinnappa said.

"But all of you should have known," replied Justice Govindraj, before recusing from the case.

The matter will now be placed before another judge of the High Court.

The petitions before the Court were filed by the Internet and Mobile Association of India (IAMAI) along with major platform aggregators, including Eternal Ltd (Zomato, Blinkit), Zepto, Swiggy, Urban Company and Valmo Transportation.

Apart from challenging the constitutional validity of the Karnataka Platform Based Gig Workers (Social Security and Welfare) Act, 2025 and its rules, the petitioners have sought quashing of multiple notices directing the companies to implement statutory obligations such as constituting Internal Dispute Resolution Committees (IRDCs).

They have challenged show-cause notices which alleged non-cooperation in implementing the statutory framework. These include allegations of failure to constitute IDRCs, failure to respond to communications regarding onboarding and software integration for payment of welfare fees and failure to furnish information sought by the authorities.

They have also assailed welfare fee notices dated June 22 requiring aggregators to pay welfare fees under Section 20 of the 2025 Act and submit proof of payment along with prescribed returns by July 5.

According to the petitioners, the parliament has already enacted the Code on Social Security, 2020, which provides a comprehensive national framework governing social security for all categories of workers, including gig and platform workers. This Code, they submit, lays down provisions relating to identification of gig workers, welfare schemes, aggregator contributions and implementation mechanisms.

The petition contends that despite this comprehensive Central legislation, the Karnataka assembly enacted a substantially similar law creating parallel welfare structures, imposing additional financial liabilities on aggregators and establishing an independent regulatory framework.

It argues that the State legislation directly conflicts with the Central law and is hit by the doctrine of repugnancy under Article 254 of the Constitution.