Karnataka High Court
Smt. Anthony Carmel Marry A vs Karnataka State Co Operative on 8 January, 2021
Author: M.Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.51270/2019 (S - RES)
BETWEEN
1. SMT. ANTHONY CARMEL MARRY A.,
AGED ABOUT 45 YEARS,
COMPUTER OPERATOR/TYPIST,
K.S.C.A AND R.D. BANK LTD.,
BRANCH OFFICE TUMAKURU,
B.H. ROAD, BADRAMMA CIRCLE,
TUMAKUKUR - 572 101.
2. SMT. LAKSHMI U. AWARI
AGED ABOUT 44 YEARS
K.S.C.A. AND R.D. BANK LTD.,
BRANCH OFFICE HAVERI,
MANGAVE CHAMBERS,
2ND FLOOR, P.B. ROAD,
HAVERI - 581 110.
3. SMT. MANJULA B. PATIL
AGED ABOUT 46 YEARS,
K.S.C.A AND R.D. BANK LTD.,
BRANCH OFFICE DHARWAD,
D.C. COMPOUND, BEHIND LAW COLLEGE,
DHARWAD - 580 001.
4. SMT.POORNIMA G.,
AGED ABOUT 42 YEARS,
COMPUTER OPERATOR/TYPIST,
K.S.C.A. AND R.D. BANK LTD.,
2
BRANCH OFFICE, SHIVAMOGGA,
D.C. COMPOUND,
R.T.O. OFFICE ROAD,
SHIVAMOGGA - 577 201.
5. SMT. HEMA N.J.,
AGED ABOUT 30 YEARS,
COMPUTER OPERATOR/TYPIST
K.S.C.A AND R.D. BANK LTD.,
BRANCH OFFICE CHIKKAMAGALURU,
2ND FLOOR, PADMA BUILDING,
RATHNAGIRI ROAD,
CHIKKAMANGALURU - 577 101.
6. SRI. MANJUNATH G. PATHEPUR
AGED ABOUT 35 YEARS
NIGHT WATCH/PEON,
K.S.C.A AND R.D. BANK LTD.,
BRANCH OFFICE HAVERI,
MANGAVE CHAMBERS,
2ND FLOOR, P.B. ROAD,
HAVERI - 581 110.
7. SMT. SAVITHA M. PATEL
AGED ABOUT 37 YEARS,
COMPUTER OPERATOR,
K.S.C.A AND R.D. BANK LTD.,
BRANCH OFFICE KOPPAL,
PCA AND RD BANK BUILDING,
BASAVESHWARA CIRCLE,
HOSPET ROAD,
KOPPAL - 583 231.
8. SRI D.V.HUDEJALI
AGED ABOUT 38 YEARS
PEON,
K.S.C.A AND R.D. BANK LTD.,
BRANCH OFFICE KOPPAL,
PCA AND RD BANK BUILDING,
3
BASAVESHWARA CIRCLE,
HOSPET ROAD,
KOPPAL - 583 231.
9. SRI SATTAR KHAN H.,
AGED ABOUT 39 YEARS,
PEON,
K.S.C.A AND R.D. BANK LTD.,
BRANCH OFFICE DAVANAGERE,
NO.310, SHIVA SADANA, PAVILION ROAD,
DAVANAGERE - 577 004.
10. SRI KALESHAPPA J.G
AGED ABOUT 48 YEARS,
DRIVER,
K.S.C.A. AND R.D. BANK LTD.,
BRANCH OFFICE DAVANAGERE,
NO.310, SHIVA SADANA, PAVILION ROD,
DAVANAGERE - 577 004.
... PETITIONERS
(BY SRI UDAYA KUMAR R.L., ADVOCATE (PHYSICAL HEARING))
AND
KARNATAKA STATE CO-OPERATIVE
AGRICULTURE AND RURAL DEVELOPMENT
BANK LTD. TIPU SULTAN PALACE ROAD,
CHAMARAJPET,
BENGALURU - 560 018
(REPRESENTED BY ITS
MANAGING DIRECTOR)
... RESPONDENT
(BY SRI P.ANAND, ADVOCATE(VIDEO CONFERENCING))
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
MANDAMUS TO THE RESPONDENT TO FIX THE PAY OF THE
PETITIONERS IN MINIMUM OF PAY SCALE OF THE REGULAR PAY
SCALE OF THEIR RESPECTIVE POSTS AS PER THEIR
REPRESENTATIONS PRODUCED AT ANNEXURE-E SERIES E1 TO E10
AND EXTEND ALL THE BEFITS EXTENDED TO THE REGULAR
EMPLOYEES IN TERMS OF EMPLOYEES SERVICE CONDITIONS
REGULATION OF RESPONDENT BANK.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Petitioners who are all daily wage employees have
approached this Court seeking a direction to fix their pay at the
minimum scale of pay obtaining to the regular employees in the
respondent-Bank and have given representations to that effect at
Annexures E1 to E10 series dated 07.08.2019 onwards and would
also place reliance upon the judgment of a co-ordinate Bench of this
Court in W.P.No.11249/2015 and connected cases whereby this
Court following the judgment of the Apex Court in the case of State
of Punjab Vs. Jagjit Singh and others reported in AIR 2016 SC
5176 had directed consideration of payment of equal pay for equal
work.
2. Heard Sri.Udaya Kumar.R.L., learned counsel appearing for
petitioners and Sri.P.Anand, learned counsel appearing for
respondent.
3. The petitioners claim that they are working on daily wages
and are performing duties on par with permanent employees
rendering similar nature of work in the respondent-Bank and have
given representations to consider payment of equal pay for equal
work, which are not yet considered by the respondent-Bank.
4. Therefore, the respondent is directed to consider the
representations of the petitioners keeping in mind the judgment of
the Apex Court in the case of State of Punjab Vs. Jagjit Singh
and others supra, as followed by co-ordinate bench of this Court in
W.P.No.11249/2015 and connected cases disposed on
09.10.2020 and pass appropriate orders in accordance with law,
within three months from the date of receipt of the copy of this
order.
Ordered accordingly.
Sd/-
JUDGE
bkp
CT:MJ
