Karnataka High Court
Syed Ali Bhaddhur S/O Nabeesab vs The Director Of Muncipal ... on 4 July, 2024
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WP No. 201104 of 2016
C/W WP No. 201102 of 2016
WP No. 201103 of 2016
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA
WRIT PETITION NO. 201104 OF 2016 (L-REF)
C/W
WRIT PETITION NO. 201102 OF 2016 (L-REF)
WRIT PETITION NO. 201103 OF 2016 (L-REF)
IN WP.NO. 201104/ 2016:
BETWEEN:
SHIVARAJ S/O ANJANEYA
AGE:47 YEARS, OCC: NOW NIL,
(D GROUP EMPLOYEE POURA KARMIKA),
CITY MUNICIPAL CORPORATION,
Digitally signed by RAICHUR-583101.
SHIVALEELA
DATTATRAYA
UDAGI ...PETITIONER
Location: HIGH
COURT OF (BY SRI NITESH PADIYAL, ADVOCATE)
KARNATAKA
AND:
1. THE DIRECTOR OF MUNICIPAL ADMINISTRATION
VISHWESHWARAYYA TOWER, 9TH FLOOR,
DR. AMBEDKAR VEEDHI,
BANGALORE-09.
2. THE DEPUTY COMMISSIONER
RAICHUR-584101.
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WP No. 201104 of 2016
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WP No. 201103 of 2016
3. THE COMMISSIONER
CITY MUNICIPAL COUNCIL,
RAICHUR-584101.
...RESPONDENTS
(BY SRI G.B. YADAV, HCGP FOR R1 & R2,
SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I)
ISSUE A WRIT OF CERTITORARY FOR QUASHING THE
IMPUGNED AWARD PASSED BY LABOUR COURT PASSED IN KID
NO.57/2012 DATED 5.4.2013 WHICH IS AT ANNEXURE-A AND
CONSEQUENTLY ORDER FOR THE REINSTATEMENT OF THE
PETITIONER INTO SERVICE ALONG WITH ALL CONSEQUENTIAL
BENEFITS INCLUDING THAT OF CONTINUITY OF SERVICE AND
BACK WAGES AND ALL OTHER BENEFITS. II) ISSUE ANY
OTHER WRIT OF ORDER AS DEEMED FIT BY THE HON'BLE
COURT.
IN WP.NO. 201102/2016:
BETWEEN:
ADIVESH @ ADIVEPPA S/O MALLESHAPPA
AGE: 35 YEARS, OCC: NOW NIL,
(D GROUP EMPLOYEE PUMP OPERATOR),
C/O. BHOGSHETTY BASANNA MAKTAL PETH,
RAICHUR
...PETITIONER
(BY SRI NITESH PADIYAL, ADVOCATE)
AND:
1. THE DIRECTOR OF MUNICIPAL ADMINISTRATION
VISHWESHWARAYYA TOWER 9TH FLOOR,
DR. AMBEDKAR VEEDHI,
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WP No. 201103 of 2016
BANGALORE-560001.
2. THE COMMISSIONER
CITY MUNICIPAL COUNCIL,
RAICHUR-584101.
3. THE DEPUTY COMMISSIONER
RAICHUR.
...RESPONDENTS
(BY SRI G.B. YADAV, HCGP FOR R1 AND R3;
SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I)
ISSUE A WRIT OF CERTITORARY FOR QUASHING THE
IMPUGNED AWARD PASSED BY LABOUR COURT PASSED IN KID
NO.58/2012 DATED 05.04.2013 WHICH IS AT ANNEXURE-A
AND CONSEQUENTLY ORDER FOR THE REINSTATEMENT OF
THE PETITIONER INTO SERVICE ALONG WITH ALL
CONSEQUENTIAL BENEFITS INCLUDING THAT OF CONTINUITY
OF SERVICE AND BACK WAGES AND ALL OTHER BENEFITS. II)
ISSUE ANY OTHER WRIT OF ORDER AS DEEMED FIT BY THE
HON'BLE COURT.
IN WP. NO. 201103/ 2016:
BETWEEN:
SYED ALI BHADDHUR S/O NABEESAB
AGE:48 YEARS, OCC: NOW NIL,
(D GROUP EMPLOYEE PUMP OPERATOR),
CITY MUNICIPAL CORPORATION,
RAICHUR.
...PETITIONER
(BY SRI NITESH PADIYAL, ADVOCATE)
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WP No. 201103 of 2016
AND:
1. THE DIRECTOR OF MUNICIPAL
ADMINISTRATION
VISHWESHWARAYYA TOWER 9TH FLOOR,
DR. AMBEDKAR VEEDHI,
BANGALORE-09.
2. THE COMMISSIONER
CITY MUNICIPAL COUNCIL,
RAICHUR-584101.
3. THE DEPUTY COMMISSIONER
RAICHUR-584101.
...RESPONDENTS
(BY SRI G.B. YADAV, HCGP FOR R1 AND R3;
SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I)
ISSUE A WRIT OF CERTITORARY FOR QUASHING THE
IMPUGNED AWARD PASSED BY LABOUR COURT PASSED IN KID
NO.56/2012 DATED 5.4.2013 WHICH IS AT ANNEXURE- A AND
CONSEQUENTLY ORDER FOR THE REINSTATEMENT OF THE
PETITIONER INTO SERVICE ALONG WITH ALL CONSEQUENTIAL
BENEFITS INCLUDING THAT OF CONTINUITY OF SERVICE AND
BACK WAGES AND ALL OTHER BENEFITS. II) ISSUE ANY
OTHER WRIT OF ORDER AS DEEMED FIT BY THE HON'BLE.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING B GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
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ORDER
It is the case of petitioners in all the three petitions are that petitioners have education qualification upto SSLC. As per the Notification of the City Municipal Council, Raichur, they had applied for the post of Poura Karmika and they were called for interview. They were appointed to the said post and thereafter they have been serving as Poura Karmika. They moved an application before the Government for regularization, raising the Industrial Disputes, as per Section 10 of the Industrial Disputes Act (for short, 'I.D.Act'). The matter was referred to the Labour Court, Gulbarga for determination of the dispute.
2. The Labour Court after hearing both the side, disposed of the matters by order dated 05.04.2023 dismissing the applications filed by the petitioners. The said order is called in question in present writ petitions and petitioners have prayed for following relief (In all the three petitions relief prayed is same except case number. Hence common prayer is mentioned).
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i) Issue a writ of certiorari for quashing the impugned award passed by Labour Court passed in KID Nos.57/2012 to 59/2012 dated 5.4.2013 which is at Annexure-A and consequently order for the reinstatement of the petitioner into service along with all consequential benefits including that of continuity of service and back wages and all other benefits.
ii) Issue any other writ of order as deemed fit by the Hon'ble court.
3. Though these writ petitions are slated for preliminary hearing in B group, with the consent of learned counsel for the parties, they are taken up together for disposal.
4. The submission of learned counsel for respondent No.3 in all three writ petitions that petitioners were not appointed on regular basis on the contrary the Council in their proceedings appointed them to the said posts and when it was brought to the notice the Director of -7- NC: 2024:KHC-K:4579 WP No. 201104 of 2016 C/W WP No. 201102 of 2016 WP No. 201103 of 2016 Municipal Administrations, it directed the Deputy Commissioner to terminate the persons appointed on contract basis forthwith. Accordingly, respondent No.3 has passed order of termination.
5. The learned counsel for petitioners submits that the Co-ordinate bench of this Court in the Writ Petition Nos.83782-83784/2012 (LB-RES) dated 07.08.2013 disposed of the matters with certain directions. It also pertains to the similar matter. Hence it is covered judgment and prays to pass similar directions in these writ petitions and may be disposed of.
6. The learned counsel for contesting respondents has also accepted the same.
7. In view of the orders passed in Writ Petition Nos.83782-83784/2012 (LB-RES) dated 07.08.2013 these writ petitions are also disposed of with similar orders as -8- NC: 2024:KHC-K:4579 WP No. 201104 of 2016 C/W WP No. 201102 of 2016 WP No. 201103 of 2016 ordered in the above said writ petitions, which reads as under:
"Since the Deputy Commissioner has already made recommendation to the first respondent praying permission to continue the services of the petitioners as daily wagers till the alternative arrangement is made, it is open for the first respondent to take necessary steps as per law, as early as possible, but not later than the outer limit of four months from the date of receipt of copy of this order".
8. Accordingly, these writ petitions are disposed of.
It is made clear that this Court has not passed any orders regarding payment of back wages and service benefits etc. Sd/-
JUDGE SDU LIST NO.: 1 SL NO.: 20 CT:PK