Karnataka High Court
Shivaraj S/O Anjaneya vs The Director Of Muncipal ... on 4 July, 2024
-1-
NC: 2024:KHC-K:4579
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.
-2-
NC: 2024:KHC-K:4579
WP No. 201104 of 2016
C/W WP No. 201102 of 2016
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,
-3-
NC: 2024:KHC-K:4579
WP No. 201104 of 2016
C/W WP No. 201102 of 2016
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)
-4-
NC: 2024:KHC-K:4579
WP No. 201104 of 2016
C/W WP No. 201102 of 2016
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:
-5-
NC: 2024:KHC-K:4579
WP No. 201104 of 2016
C/W WP No. 201102 of 2016
WP No. 201103 of 2016
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).
NC: 2024:KHC-K:4579
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
NC: 2024:KHC-K:4579
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
NC: 2024:KHC-K:4579
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
CT:PK
