Smt Bhagya B R vs The State Of Karnataka
2025 Latest Caselaw 9505 Kant

Karnataka High Court

Smt Bhagya B R vs The State Of Karnataka on 28 October, 2025

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                                                               RP No. 551 of 2024


                       HC-KAR



                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 28TH DAY OF OCTOBER, 2025

                                                BEFORE

                                THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

                                    REVIEW PETITION NO.551 OF 2024

                      BETWEEN:

                      1.   SMT. BHAGYA B.R.
                           AGED ABOUT 48 YEARS,
                           W/O MAHESH K.R.
                           R/AT NO.4, 16TH CROSS,
                           BEHIND BBMP OFFICE,
                           NEAR KRISHNAPPA HOSTEL,
                           BAGALGUNTE, BENGALURU-560 073.

                      2.   SMT. KAMALAMMA .H
                           AGED ABOUT 55 YEARS,
                           W/O PANDURANGA .M
                           R/AT NO.24, SRI LAKSHMINARAYANA NILAYA,
                           RAMAIAH GYM BEHIND,
                           SINGAPURA, BENGALURU-560 097.

                      3.   SMT. SEETHALAKSHMI .P
Digitally signed by        AGED ABOUT 53 YEARS,
MAHALAKSHMI B M            W/O PARTHASARATHI .A
Location: HIGH             R/AT NO.117, 4TH CROSS,
COURT OF                   11TH MAIN, RAGHAVENDRA LAYOUT,
KARNATAKA
                           K.G. HALLI, BENGALURU-560 015.

                      4.   SMT. JAYALALITHA .M
                           AGED ABOUT 50 YEARS,
                           W/O SHAMBU H.S.,
                           R/AT NO.13/N, GR LAYOUT,
                           BRAMARAMBA NILAYA,
                           1ST MAIN, KEREGUDDAHALLI,
                           BEHIND GOVERNMENT SCHOOL,
                           CHIKKABANAVARA,
                           BENGALURU-560 090.
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                                            RP No. 551 of 2024


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5.   SMT. MANJULA .S
     AGED ABOUT 52 YEARS,
     W/O RAMDAS .M
     R/AT NO.4, AMBABHAVANI NAGARA,
     2ND MAIN ROAD, VIDYANAGAR POST,
     BENGALURU-560 097.

6.   SMT. LAKSHMI M.G.S.,
     AGED ABOUT 49 YEARS,
     W/O K.B. SHASHIDHAR,
     R/AT NO.5, 4TH CROSS,
     HALE GANGAPPA LAYOUT,
     CHIKKABIDRAKALLU,
     NAGASANDRA POST,
     BENGALURU-560 073.

7.   SRI ARAVIND KULKARNI,
     AGED ABOUT 57 YEARS,
     S/O LATE HANUMANTH RAO,
     R/AT NO.3016, 2ND FLOOR,
     JANAPRIYA APARTMENT,
     KADABAGERE CROSS,
     BENGALURU-562 123.                          ...PETITIONERS

(BY SRI VIJAYA KRISHNA BHAT M., ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY,
     DEPARTMENT OF LABOUR,
     VIDHANA SOUDHA,
     BENGALURU-560 001.

2.   THE ASSISTANT LABOUR COMMISSIONER,
     BENGALURU DIVISION,
     BENGALURU-560 029.

3.   M/S. ADC INDIA COMMUNICATIONS LTD.,
     NO.10C, 2ND PHASE,
     PEENYA INDUSTRIAL AREA,
     BENGALURU-560 058
     REP. BY ITS MANAGING DIRECTOR.
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4.   SMT. RAMADEVI .B
     AGED ABOUT 62 YEARS,
     D/O LATE BETTAIAH,
     R/AT NO.31, 2ND MAIN,
     NANJAMBA AGRAHARA, 5TH MAIN,
     CHAMARAJAPETE, BENGALURU-560 018.

5.   KARNATAKA TRADE UNION CENTRE
     NO.43, 2ND FLOOR, MIG-2ND STAGE,
     KHB COLONY, BASAVESHWARANAGAR,
     BENGALURU-560 079
     REPRESENTED BY ITS PRESIDENT,
     SRI G.R. SHIVASHANKAR.

6.   SMT. NAGALAKSHMI Y.N.
     AGED ABOUT 52 YEARS,
     W/O K.N. GOPALAKRISHNAN,
     R/AT 'GANESH NILAYAM',
     NO.58, 2ND MAIN, 2ND CROSS,
     PATEL NARAYANA SWAMAPPA LAYOUT,
     CHUNCHAGHATTA MAIN ROAD,
     KONANKUNTE POST, BENGALURU-560 062.

7.   SMT. VIMALA BAI .V
     AGED ABOUT 54 YEARS,
     W/O K. SHANTH PRAKASH RAO,
     R/AT NO.1433, 9TH CROSS, 9TH MAIN ROAD,
     MAHESHWARAMMA CIRCLE,
     BENGALURU-560 057.

8.   SMT. V. GEETHA BALI
     AGED ABOUT 56 YEARS,
     W/O K. VENKATA RAO,
     R/AT NO.311/2, 2ND MAIN,
     BAHUBALINAGAR,
     JALAHALLI VILLAGE,
     BENGALURU-560 013.

9.   SMT. NEELAMMA S.B.
     AGED ABOUT 52 YEARS,
     W/O RAJANNA .T
     R/AT NO.518, 7TH A MAIN ROAD,
     RAJESHWARINAGARA,
     LAGGERE, BENGALURU-560 058.
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10.   SMT. PUSHPALATHA G.R.
      AGED ABOUT 55 YEARS,
      W/O CHINNAMARALAH,
      R/AT NO.U-36, PIPELINE,
      BASAPPA GARDEN, MALLESWARAM,
      BENGALURU-560 003.

11.   SMT. V. SUBBALAKSHMI,
      AGED ABOUT 52 YEARS,
      W/O V. RAMESH,
      R/AT NO.927, 3RD MAIN,
      3RD CROSS, VIJAYANAGAR,
      BENGALURU-560 040.

12.   SMT. UMAMESHWARL K.E.
      AGED ABOUT 54 YEARS,
      W/O E. REVANNA SIDDAPPA,
      R/AT NO.94, 11TH MAIN,
      PIPELINE ROAD, SRINIVASANAGAR,
      SUNKADAKATTE, BENGALURU-560 091.

13.   SMT. C.S. UMADEVI
      AGED ABOUT 52 YEARS,
      W/O CHANDRAPPA K.R.
      R/AT NO.399, 9TH CROSS,
      8TH MAIN, BHUVANESHWARI NAGAR,
      T. DASARAHALLI, BENGALURU-560 057.

14.   SMT. BHAGYA .T
      AGED ABOUT 52 YEARS,
      W/O LATE JAYARAM,
      R/AT THIMMALAH BUILDING,
      D. NO.248/1, CHOKKASANDRA MAIN ROAD,
      DASARAHALLI POST, BENGALURU-560 057.

15.   SMT. H. LAKSHMI,
      AGED ABOUT 51 YEARS,
      W/O R. MANJUNATHA,
      R/AT NO.45/58, 12TH CROSS,
      1ST MAIN ROAD, KODANDARAMPURAM,
      MALLESHWARAM, BENGALURU-560 003.

16.   SMT. JAYANTHI .R
      AGED ABOUT 51 YEARS,
      W/O SRINIVASAN .K
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      R/AT NO.115, ANUSUYA CHANDRAPPA LAYOUT,
      BHARATNAGAR, M.S. PALYA ROAD,
      VIDYARANAYAPURA POST,
      BENGALURU-560 097.

17.   SMT. KUMUDA T.S.,
      AGED ABOUT 55 YEARS,
      W/O LATE P.T. AIYANA,
      R/AT NO.494, 2ND BLOCK, 9TH MAIN,
      HMT LAYOUT, VIDYARANAYANPURA,
      BENGALURU-560 097.

18.   SMT. GEETHA .J
      AGED ABOUT 55 YEARS,
      W/O K. CHANDRASHEKAR,
      R/AT NO.213, 28TH CROSS, 2ND BLOCK,
      RAJAJINAGAR, BENGALURU-560 010.

19.   SMT. B. JYOTHI,
      AGED ABOUT 53 YEARS,
      W/O LATE SHASHIDHARAN .S
      R/AT ASHIRWAD, NO.21,
      III CROSS, II PHASE,
      GOKULA III STAGE,
      YESHAWANTHAPURA,
      BENGALURU-560 022.

20.   SMT. MANGALAGOWRI .S
      AGED ABOUT 50 YEARS,
      D/O SUBRAYAPPA,
      R/AT NO.17, SHIVAPURA MAIN ROAD,
      BENGALURU-560 058.

21.   SRI CHANNAKESHAVA SHETTY,
      AGED ABOUT 52 YEARS,
      S/O GUNDU SHETTY,
      R/AT SITE NO.16, 2ND CROSS,
      MARUTHI LAYOUT, CHOKKASANDRA,
      BENGALURU-560 058.

22.   SRI K.B. SHASHIDHAR,
      AGED ABOUT 59 YEARS,
      S/O LATE K.L. BHEEMA RAO,
      R/AT NO.5, 4TH CROSS,
      HALE GANGAPPA LAYOUT,
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      CHIKKABIDRAKALLU,
      NAGASANDRA POST,
      BENGALURU-560 073.

23.   SMT. LALITHA B.B.
      AGED ABOUT 58 YEARS,
      W/O SHANKARE GOWDA P.D.
      R/AT 2ND MAIN ROAD,
      NANJAMBA AGRAHARA,
      CHAMARAJAPET, BENGALURU-560 018.

24.   SMT. GANGAMMA .G
      AGED ABOUT 55 YEARS,
      W/O LATE SURANARAYAN RAO,
      R/AT NO.8/3, 1ST MAIN,
      NANJAMBA AGRAHARA,
      CHAMARAJAPETE, BENGALURU-560 018.

25.   SMT. SUDHA .R
      AGED ABOUT 52 YEARS,
      W/O VENKATESH MURTHY .G
      R/AT NO.108, BEHIND KABIR MUTT,
      SUNKENAHALLI, HANUMANTHNAGAR,
      BENGALURU-560 019.

26.   SRI P. SURIBABU,
      AGED ABOUT 59 YEARS,
      S/O PEDDAHONNAPPA,
      R/AT MUNIKONDAPPA LAYOUT,
      I CROSS, BAGALAGUNTE,
      BENGALURU-560 073.                      ...RESPONDENTS

(BY SRI HARISHA A.S., AGA R-1 & R-2;
    SRI S.N. MURTHY, SENIOR COUNSEL FOR
    SMT. ROOPASRI S., ADVOCATE FOR R-3;
    V/O DATED 06.02.2025, NOTICE TO R-4 TO R-26 D/W)

     THIS REVIEW PETITION IS FILED UNDER ORDER 47, RULE 1,
READ WITH SECTION 114 OF THE CPC PRAYING TO REVIEW THE
ORDER DATED 29.07.2024 PASSED BY THIS HON'BLE COURT IN
W.P.NO.48330/2018 AND AN OBSERVATION BE MADE IN THE
OPERATIVE PORTION OF THE ORDER EXTENDING TIME GRANTED TO
DEPOSIT THE VRS AMOUNT AND PERMIT THEM TO DEPOSIT THE
VRS AMOUNT.
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     THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MRS. JUSTICE K.S. HEMALEKHA


                       ORAL ORDER

The review petitioners seek to review the order dated

29.07.2024 passed by this Court in W.P No. 48330/2018,

whereby the Writ Petition filed by the petitioners was

dismissed.

2. Heard Sri. Vijay Krishna Bhat, learned counsel for

the petitioners, Sri Harisha A.S, learned AGA, for

respondent No.2 and Sri S.N.Murthy, learned senior

counsel for respondent No.3 and perused the material on

record including the order under review.

3. The present review petition is filed under Order

XLVII Rule 1 CPC. Order XLVII Rule 1 CPC contemplates as

under:

1. Application for review of judgment.--

(1) Any person considering himself aggrieved--

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(a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred,

(b) by a decree or order from which no appeal is allowed, or

(c) by a decision on a reference from a Court of Small Causes,

and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order.

(2) A party who is not appealing from a decree or order may apply for a review of judgment notwithstanding the

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pendency of an appeal by some other party except where the ground of such appeal is common to the applicant and the appellant, or when, being respondent, he can present to the Appellate Court the case on which he applies for the review.

1[Explanation.--The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior Court in any other case, shall not be a ground for the review of such judgment.]

4. The Hon'ble Apex Court in Smt. Meera Bhanja

V/s Smt. Nirmala Kumari Choudhury1 at para 8, held

as under:

"8. It is well settled that the review proceedings are not by way of an appeal and have to be strictly confined to the

AIR 1995 SC 455

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scope and ambit of Order 47, Rule 1, C.P.C. In connection with the limitation of the powers of the Court under Order 47, Rule 1, while dealing with similar jurisdiction available to the High Court while seeking to review the orders under Article 226 of the Constitution of India, this Court, in the case of Aribam Tuleshwar Sharma v. Aribam Pishak Sharma, AIR 1979 SC 1047, speaking through Chinnappa Reddy, J., has made the following pertinent observations:

(para 3):

"It is true there is nothing in Article 226 of the Constitution to preclude the High Court from exercising the power of review which inheres in every Court of Plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it. But, there are definitive limits to the exercise of the power of review. The power of review may be exercised on the discovery of new and important matter or evidence which, after the exercise of due diligence was

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not within the knowledge of the person seeking the review or could not be produced by him at the time when the order was made; it may be exercised where some mistake or error apparent on the face of the record is found; it may also be exercised on any analogous ground. But, it may not be exercised on the ground that the decision was erroneous on merits. That would be the province of a Court of Appeal. A power of review is not to be confused with appellate power which may enable an Appellate Court to correct all manner of errors committed by the subordinate court."

Now it is also to be kept in view that in the impugned judgment, the Division Bench of the High Court has clearly observed that they were entertaining the review petition only on the ground of error apparent on the face of the record and not on any other ground. So far as that aspect is concerned, it has to be kept in view that an error apparent on the face

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of record must be such an error which must strike one on mere looking at the record and would not require any long- drawn process of reasoning on points where there may conceivably be two opinions. We may usefully refer to the observations of this Court in the case of Satyanarayan Laxminarayan Hegde v. Mallikarjun Bhavanappa Tirumale, AIR 1960 SC 137, wherein, K.C. Das Gupta, J., speaking for the Court has made the following observations in connection with an error apparent on the face of the record:

"An error which has to be established by a long drawn process of reasoning on points where there may conceivably be two opinions can hardly be said to be an error apparent on the face of the record. Where an alleged error is far from self- evident and if it can be established, it has to be established, by lengthy and complicated arguments, such an error cannot be cured by a writ of certiorari according to the rule governing the

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powers of the superior court to issue such a writ."

5. On plain reading of Order XLVII Rule 1 CPC and

in view of the dictum of the Hon'ble Apex Court in the case

of Meera Bhanja (supra), the power to review is available

only when there is an error apparent on the face of the

record and not an erroneous decision. The power of review

under Order XLVII Rule 1 CPC may be opened inter alia

only if there is a mistake or an error apparent on the face

of the record and a review application cannot be held to be

an appeal in disguise.

6. Looking into the order of this Court, there is no

error apparent on the face of the record.

7. In the light of this settled proposition, this Court

is of the considered opinion that the review petition is not

within the scope and ambit of Order XLVII Rule 1 CPC.

Accordingly, the review petition deserves to be dismissed

as devoid of merits.

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8. In the result, I pass the following:

ORDER

i) The review petition is dismissed.

Sd/-

______________________ JUSTICE K.S. HEMALEKHA CKL