Karnataka High Court
V B Mallikeshi S/O Channappa vs The State Of Karnataka on 28 September, 2012
Author: Subhash B.Adi
Bench: Subhash B Adi
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 28TH DAY OF SEPTEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE SUBHASH B ADI
WRIT PETITION No.14213/2008 (S-RES)
C/W
WRIT PETITION NOS.15235/2008 & 17941-43/2008, 14405/2008,
14406/2008, 15168/2008 & 15299-303/2008, 15169/2008 & 16397-
402/2008, 15170/2008 & 15305-308/2008, 15212/2008 & 15868-
876/2008, 15213/2008 & 17944-951/2008, 15214/2008 & 15531-37/2008,
15234/2008 & 15538-44/2008, 15236/2008, 15237/2008 & 15863-
66/2008, 15238/2008 & 16279-284/2008, 15239/2008 & 15547-53/2008,
16953-16956/2008, 2095/2009, 2096-2100/2009 (S-RES)
IN W.P. NO.14213/2008
BETWEEN :
1 V B MALLIKESHI, S/O CHANNAPPA
AGED ABOUT 53 YEARS, ACCOUNTANT
S J M COLLEGE
R/O KAMAMABAVI EXTENSION
CHITRADURGA-577 601.
2 T NEELAKANTAPPA, S/O THIPPAIAH
AGED ABOUT 57 YEARS
COOK, S J M COLLEGE
R/O RAJENDRA NAGAR
CITRADRUGA-577 601.
3 S MAHALINGAPPA, S/O SANNA RANGAPPA
AGED 54 YRS, COOK, S J M COLLEGE
R/O RAJENDRA NAGAR
CHITRADURGA-577 601.
2
4 R RAJAPPA, S/O HUCHAPPA
AGED 55 YRS, COOK, S J M COLLEGE
R/O MADANAIKANAHALLI
CHITRADURGA-577 601
5 H BASAVARAJU, S/O HANUMANTHAPPA
AGED 56 YRS, COOK, S J M COLLEGE
R/O NEAR HOLLAKERE TOLL GATE
CHITRADURGA-577 601.
6 T. AJAYA,
AGED ABOUT 45 YEARS
MAJOR, COOK, SJM COLLEGE
SC/ST HOSTEL,
CHITRADUGA-577 601 ...PETITIONERS
(BY SRI. A C BALARAJ, ADV.,)
AND :
1 THE STATE OF KARNATAKA
R/BY ITS SECRETARTY TO GOVT
SOCIAL WELFARE DEPARTMENT
K G M S BLDNG, BANGALORE-560 001.
2 THE COMMISSIONER FOR SOCIAL WELFARE,
5TH FLOOR, M S BLDNG, BANGALORE-560 001.
3 THE DISTRICT SOCIAL WELFARE OFFICER,
CHITRADURGA DIST, CHITRADURGA.
4 THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT, DAVANGERE DISTRICT,
DAVANGERE.
5 PRINCIPAL,
R.L LAW COLLEGE,
SC/ST HOSTEL,
DAVANGERE DISTRICT - 577 028. ...RESPONDENTS
3
( BY SRI. RAGHAVENDRA G GAYATHRI, HCGP FOR R-1 TO R-3;
R-4 & R-5 DELETED VIDE ORDER DATED 21.11.2008 )
IN WP NOS.15235/2008 & 17941-43/2008
BETWEEN :
1 M M NAGAPPA,
S/O.MUDUKAPPA,
ACCOUNTANT
AGED ABOUT 47 YEARS.
2 KRISHNA NAIK,
S/O. LACHA NAIK,
AGED ABOUT 44 YEARS,
COOK.
3 DURGAMMA,
W/O. KRISHNA RAO,
AGED ABOUT 45 YEARS,
COOK.
4 GOWRAMMA,
W/O. YASHAJI RAO,
AGED ABOUT 50 YEARS,
COOK.
ALL ARE R/O. C/O. R L LAW COLLEGE
SC/ST HOSTEL
DAVANGERE DISTRICT - 577 028. ...PETITIONERS
( BY SRI. A C BALARAJ, ADV.,)
AND :
1 THE STATE OF KARNATAKA
REP BY ITS SECRETARY TO GOVERNMENT
SOCIAL WELFARE DEPARTMENT
K.G.M.S. BUILDING
4
BANGALORE - 560 001.
2 THE COMMISSIONER FOR SOCIAL WELFARE
5TH FLOOR, M.S. BUILDING
BANGALORE - 560001.
3 THE DISTRICT SOCIAL WELFARE
OFFICER, DAVANGERE DISTRICT
DAVANGERE.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT, DAVANGERE DISTRICT,
DAVANGERE.
5 PRINCIPAL,
R.L LAW COLLEGE,
SC/ST HOSTEL,
DAVANGERE DISTRICT - 577 028. ...RESPONDENTS
(BY SRI .RAGHAVENDRA G GAYATHRI, HCGP FOR R-1 TO R-3;
R-4 AND R-5 DELETED VIDE ORDER DATED 21.11.2008 )
IN W.P.14405/2008
BETWEEN :
1 K T THIPPESWAMY,
S/O K THIPPESWAMY,
AGED ABOUT 44 YEARS,
ACCOUNTANT.
2 BASANNA, S/O SIDDAIAH,
COOK, AGED ABOUT 50 YEARS.
3 GURUMURTHY, S/O Y ERAPPA, COOK
AGED ABOUT 48 YEARS.
4 SOWBHAGYAMMA,
5
W/O THIPPERUDRAPPA,
AGED ABOUT 50 YEARS,
ASSISTANT COOK.
5 PREMMAKKA,
W/O YELLACHARI,
AGED ABOUT 52 YEARS,
ASSISTANT COOK.
6 HANUMAKKA,
W/O BASANNA,
AGEDA BOUT 45 YEARS,
ASSISTANT COOK.
7 OBAIAH,
S/O KADAIAH,
AGED ABOUT 55 YEARS,
WATCHMAN.
ALL ARE RESIDENTS OF
C/O HMTFG COLLEGE
SC/ST HOSTEL, NAYAKANAHATTE,
CHALLAKERE TALUK,
CHITRADURGA -577 536. ...PETITIONERS
( BY SRI.A C BALARAJ, ADV. AND
SRI K. NAGESHWARAPPA ADVOCATE FOR PETITIONER NOS. 1,4,3
TO 6, ADVs)
AND :
1 THE STATE OF KARNATAKA
RETPED BY ITS
SECRETARY TO GOVERNMENT
SOCIAL WELFARE DEPARTMENT
KGMS BUILDING
BANGALORE -560 001.
6
2 THE COMMISSIONER FOR SOCIAL
WELFARE, 5TH FLOOR, M S BUIDLING
BANGALORE 560 001.
3 THE DISTRICT SOCIAL WELFARE OFFICER
CHITRADURGA DISTRICT
CHITRADURGA.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT, DAVANGERE DISTRICT,
DAVANGERE.
5 PRINCIPAL,
R.L LAW COLLEGE,
SC/ST HOSTEL,
DAVANGERE DISTRICT - 577 028. ...RESPONDENTS
(BY SRI RAGHAVENDRA G GAYATHRI, HCGP FOR R1 TO R3,
R4 AND R5 DELELTED VIDE ORDER DATED 20.11.2008)
IN W.P.NO.14406/2008
BETWEEN :
1 P S SURANNA,
S/O POJARY SURANAYAKA,
AGED ABOUT 39 YEARS,
ASSISTATN COOK.
2 H S BYRAPPA,
S/O SINGRAPPA,
AGED ABOUT 56 YEARS,
ACCOUNTANT.
3 GADVI LINGAPPA,
S/O KENCHAPPA,
AGED ABOUT 48 YEARS,
COOK.
7
4 RUDRAPPA,
S/O NAGAPPA,
AGED ABOUT 49 YEARS,
COOK.
5 B P BORAPPA,
S/O SANNA PAPAIAH,
AGED ABOUT 50 YEARS,
ASSISTANT COOK.
6 HAMPANNA,
S/O KUNTA OBAIAH,
AGED ABOUT 42 YEARS,
ASSISTANT COOK.
7 B NAGARAJ,
S/O BASAPPA,
AGEDA BOUT 50 YEARS.
8 MARAPPA,
S/O YELLAPPA,
AGED ABOUT 38 YEARS.
ALL ARE RESIDENTS OF
C/O M M N F G., COLLEGE
A HOSTEL, FORT ROAD
CHITRADURGA 577 201 ...PETITIONERS
( BY SRI. A C BALARAJ, ADV.,)
AND :
1 THE STATE OF KARNATAKA
REPTED BY ITS SECRETARY TO
GOVERNMENT, SOCIAL WELFARE DEPARTMENT
K G M S BUILDING
BANGALORE 560 001.
8
2 THE COMMISSIONER FOR SOCIAL
WELFARE, 5TH FLOOR, M S BUILDING
BANGALORE 560 001.
3 THE DISTRICT SOCIAL WELFARE OFFICER,
CHITRADURGA DISTRICT,
CHITRADURGA.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT, DAVANGERE DISTRICT,
DAVANGERE.
5 PRINCIPAL,
R.L LAW COLLEGE,
SC/ST HOSTEL,
DAVANGERE DISTRICT - 577 028. ..RESPONDENTS
( BY SRI. RAGHAVENDRA G GAYATHRI, HCGP FOR R1 TO R3
R4 AND R5 DELETED VIDE ORDER DATED 21.11.2008 )
IN W.P.NOS.15168/2008 & 15299-303/2008
BETWEEN :
1 M B THIPPESWAMY,
S/O N BORAPPA, ACCOUNTANT
AGED ABOUT 48 YEARS.
2 CHOWDAPPA, S/O BASAPPA,
AGED ABOUT 47 YEARS,
COOK.
3 SHANKARAMMA,
W/O KOTREBASAIAH
AGED ABOUT 48 YEARS, COOK.
4 M. AKANTHAIAH (YEKANTHAIAH)
S/O MALLAPPA
9
AGED ABOUT 45 YEARS
COOK.
5 RATHNAMMA,
W/O BASAPPA,
AGED ABOUT 29 YEARS,
COOK.
6 A K NAGARAJAPPA,
S/O BHARAMAPPA,
AGED ABOUT 40 YEARS,
COOK.
ALL ARE R/O C/O SRI DEVARAJA URS
PRE UNIVERSITY SC/ST COLLEGE HOSTEL
JAGALUR DAVANAGERE DISTRICT 577 028 .
...PETITIONERS
( BY SRI.A C BALARAJ, ADV.,)
AND :
1 THE STATE OF KARNATAKA
REP BY ITS SECRETARY TO GOVERNMENT
SOCIEL WELFARE DEPARTMENT K.G.M.S.
BUILDING, BANGALORE 560 001.
2 THE COMMISSIONER FOR SOCIAL WELFARE
5TH FLOOR, M.S. BUILDING,
BANGALORE 560 001.
3 THE DISTRICT SOCIAL WELFARE OFFICER,
DAVANAGERE DISTRICT,
DAVANAGERE.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT, DAVANGERE DISTRICT,
DAVANGERE.
10
5 PRINCIPAL,
R.L LAW COLLEGE,
SC/ST HOSTEL,
DAVANGERE DISTRICT - 577 028. ..RESPONDENTS
(BY SRI RAGHAVENDRA G GAYATHRI, HCGP FOR R1 TO R3,
R4 AND R5 DELETED VIDE ORDER DATED 11.12.2008)
IN W.P.NOS.15169/2008 & 16397-402/2008
BETWEEN :
1 H LOKESHAPPA, S/O HANUMANTHAPPA
AGED ABOUT 42 YEARS
COOK.
2 K S CHANDRAPPA,
S/O SIDAPPA,
AGED ABOUT 38 YEARS
COOK.
3 CHOWDAMMA,
W/O OBANNA,
AGED ABOUT 40 EYARS,
COOK.
4 REVANASIDDAPPA,
S/O ADDAVAPPA,
AGED ABOUT 40 YEARS,
COOK.
5 O HANUMANTHAPPA,
S/O OBANNA,
AGED ABOUT 32 YEARS
COOK.
11
6 BANGARAPPA,W/O HANUMANTHAIAH
AGED ABOUT 32 YEARS
ASSISTANT COOK.
7 NINGAMMA,W/O HANUMANTHAPPA
AGED ABOUT 36 YEARS
COOK.
ALL ARE RESIDENTS OF C/O NALANDA,
PRE UNIVERSITY SC/ST, 'A' COLLEGE HOSTEL
JAGALUR ,DAVANAGERE DISTRICT- 577 028 ...PETITIONERS
(BY SRI. A C BALARAJ, A DV. AND
SRI L.S MANJUNATH ADVOCATE FOR PETITIONER NO.1)
AND :
1 THE STATE OF KARNATAKA
REP BY ITS SECRETARY TO GOVERNMENT
SOCIEL WELFARE DEPARTMENT K.G.M.S.
BUILDING, BANGALORE 560 001.
2 THE COMMISSIONER FOR SOCIAL WELFARE
5TH FLOOR, M.S. BUILDING,
BANGALORE 560 001.
3 THE DISTRICT SOCIAL WELFARE OFFICER,
DAVANAGERE DISTRICT,
DAVANAGERE.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT, DAVANGERE DISTRICT,
DAVANGERE.
12
5 PRINCIPAL,
R.L LAW COLLEGE,
SC/ST HOSTEL,
DAVANGERE DISTRICT - 577 028. ...RESPONDENTS
(BY SRI RAGHAVENDRA G GAYATHRI, HCGP FOR R1 TO R3,
R4 AND R5 DELETED VIDE ORDER DATED 17.12.2008)
IN W.P.NOS.15170/2008 & 15305-308/2008
BETWEEN :
1 M MAYAPPA, S/O MAYAPPA
AGED ABOUT 50 YEARS
COOK.
2 B GOWRANNA, S/O BASAPPA,
AGED ABOUT 49 YEARS,
COOK.
3 A K CHOWDAPPA, S/O HONNURAPPA
AGED ABOUT 48 YEARS,
COOK.
4 GURUSIDDAPPA, S/O ADDIVEPPA
AGED ABOUT 40 YEARS,
COOK.
5 BOMMANNA, S/O MAYAPPA
AGED ABOUT 42 YEARS
COOK.
ALL ARE R/O C/O NALANDA PRE UNIVERSITY
SC/ST B COLLEGE HOSTEL JAGALUR,
DAVANAGERE DISTRICT 577 028. ...PETITIONERS
( BY SRI.A C BALARAJ, ADV.,)
13
AND :
1 THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
SOCIEL WELFARE DEPARTMENT K.G.M.S.
BUILDING, BANGALORE 560 001.
2 THE COMMISSIONER FOR SOCIAL WELFARE
5TH FLOOR, M.S. BUILDING,
BANGALORE 560 001.
3 THE DISTRICT SOCIAL WELFARE OFFICER
DAVANAGERE DISTRICT
DAVANAGERE.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT, DAVANGERE DISTRICT,
DAVANGERE.
5 PRINCIPAL,
R.L LAW COLLEGE,
SC/ST HOSTEL,
DAVANGERE DISTRICT - 577 028. ...RESPONDENTS
(BY SRI RAGHAVENDRA G GAYATHRI, HCGP FOR R1 TO R3,
R4 AND R5 DELETED VIDE ORDER DATED 11.12.2008 )
IN W.P.NOS.15212/2008 & 15868-876/2008
BETWEEN :
1 NAGARAJU,
S/O. K HANUMANTHAIAH,
AGED ABOUT 43 YEARS
COOK.
2 DODDA OBAIAH,
S/O. HUCHABOSAIAH
14
AGED ABOUT 45 YEARS
COOK.
3 SANNA OBAMMA,
S/O. MARAPPA,
AGED ABOUT 39 YEARS,
COOK.
4 D. JAGANAYYA, S/O. DURGAPPA
AGED ABOUT 39 YEARS
COOK.
5 BHARAMAKKA,
W/O. HANUMANTHAPPA,
AGED ABOUT 45 YEARS,
COOK.
6 C O MALLIAH
S/O. OBANNA
AGED ABOUT 42 YEARS
COOK.
7 P MARANNA,
S/O. PAPANNA,
AGED ABOUT 45 YEARS,
COOK.
8 JAYANNA,
S/O. SIDDAPPA,
AGED ABOUT 35 YEARS,
COOK.
9 BASANNA
S/O. KATTALINGAPPA
AGED ABOUT 48 YEARS
ASSISTANT COOK.
10 M THIPPESWAMY
S/O. MALLAIAH
15
AGED ABOUT 40 YEARS
ACCOUNTANT,
ALL ARE R/O. C/O. H BORAIAH
PRE UNIVERSITY SC/ST 'A' COLLEGE
HOSTEL, JAGALUR
DAVANGERE DISTRICT - 577 028. ...PETITIONERS
(BY SRI. A C BALARAJ, ADV., AND
SRI L.S MANJUNATH ADVOCATE FOR PETITIONER NO.1)
AND :
1 THE STATE OF KARNATAKA
REP BY ITS SECRETARY TO GOVERNMENT
SOCIAL WELFARE DEPARTMENT
K.G.M.S. BUILDING
BANGALORE - 560001.
2 THE COMMISSIONER FOR SOCIAL WELFARE
5TH FLOOR, M.S. BUILDING
BANGALORE - 560001.
3 THE DISTRICT SOCIAL WELFARE
OFFICER, DAVANGERE DISTRICT
DAVANGERE.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT, DAVANGERE DISTRICT,
DAVANGERE.
5 PRINCIPAL, R.L.LAW COLLEGE,
DAVANGERE. ..RESPONDENTS
(BY SRI RAGHAVENDRA G GAYATHRI, HCGP FOR R1 TO R3,
R4 AND R5 DELETED VIDE ORDER DATED 19.12.2008 )
16
IN W.P.NOS.15213/2008 & 17944-951/2008
BETWEEN :
1 B SURALINGAPPA,
S/O. BYANNA
AGED ABOUT 50 YEARS, COOK
2 JAYAMMA, W/O KRISHNA NAIK,
AGED ABOUT 45 YEARS
ACCOUNTANT.
3 OBBAAVVA,
W/O.DODDA THIMMPPA,
AGED ABOUT 46 YEARS,
COOK.
4 BHEEMA NAIK
S/O. GANGA NAIK
AGED ABOUT 48 YEARS
COOK.
5 MANJANNA,
S/O. BOMMAIAH,
AGED ABOUT 43 YEARS
COOK.
6 H CHITHAPPA,
W/O. MARAPPA,
AGED ABOUT 47 YEARS
ASSISTANT COOK.
7 NINGAMMA,
S/O. YELLAPPA,
AGED ABOUT 46 YEARS,
COOK.
8 SHANTHIBAI,
17
W/O. DUDHA NAIK,
AGED ABOUT 45 YEARS,
ASSISTANT COOK.
9 KRISHNA NAIK, S/O. NANYA NAIK
AGED ABOUT 45 YEARS
ASSISTANT COOK.
ALL ARE R/O. C/O. SRI MALATHI
PRE UNIVERSITY SC/ST 'A'HOSTEL
JAGALUR, DAVANGERE - 577 028. ...PETITIONERS
(BY SRI. A C BALARAJ, ADV., AND
SRI L.S MANJUNATHA ADVOCATE FOR PETITIONER NO.1)
AND :
1 THE STATE OF KARNATAKA
REP BY ITS SECRETARY TO GOVERNMENT
SOCIAL WELFARE DEPARTMENT
K.G.M.S. BUILDING
BANGALORE - 560001.
2 THE COMMISSIONER FOR SOCIAL WELFARE
5TH FLOOR, M.S. BUILDING
BANGALORE - 560001.
3 THE DISTRICT SOCIAL WELFARE
OFFICER, DAVANGERE DISTRICT
DAVANGERE.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT, DAVANGERE DISTRICT,
DAVANGERE.
5 PRINCIPAL,
R.L LAW COLLEGE,
SC/ST HOSTEL,
DAVANGERE DISTRICT - 577 028. ...RESPONDENTS
18
(BY SRI RAGHAVENDRA G GAYATHRI, HCGP FOR R1 TO R3,
R4 AND R5 DELETED VIDE ORDER DATED 15.04.2009)
IN W.P.NOS.15214/2008 & 15531-37/2008
BETWEEN :
1 KUBERAPPA,
S/O. SIDDAPPA,
AGED ABOUT 45 YEARS
COOK.
2 BORAPPA,
S/O. GIDDAIAH,
AGED ABOUT 42 YEARS
COOK.
3 HANUMAKKA,
W/O. THIRUKAPPA,
AGED ABOUT 36 YEARS,
ASSISTANT COOK.
4 KRISHNAPPA
S/O. DURGAPPA
AGED ABOUT 39 YEARS
COOK.
5 THIMMAPPA,
S/O. HANUMANTHAPPA
AGED ABOUT 36 YEARS
COOK.
6 HANUMANTHA,
S/O. SHIVANNA,
AGED ABOUT 36 YEARS,
ASSISTANT COOK.
19
7 JAYAMMA,
W/O. SHIVANNA,
AGED ABOUT 40 YEARS,
ASSISTANT COOK.
8 NANJUNDAPPA
S/O. KUMARASWAMY
AGED ABOUT 45 YEARS
WATCHMEN
ALL ARE R/O. C/O. SRI. MANJUNATHA
INDEPENDENT PRE UNIVERSITY COLLEGE
SC/ST HOSTEL NITUVALLI,
DAVANGERE 577 028 ...PETITIONERS
( BY SRI. A C BALARAJ, ADV., AND
SRI L.S MANUNATH ADVOCATE FOR PETTIONER NO.1)
AND :
1 THE STATE OF KARNATAKA
REP BY ITS SECRETARY TO GOVERNMENT
SOCIAL WELFARE DEPARTMENT
K.G.M.S. BUILDING
BANGALORE - 560001.
2 THE COMMISSIONER FOR SOCIAL WELFARE
5TH FLOOR, M.S. BUILDING
BANGALORE - 560001.
3 THE DISTRICT SOCIAL WELFARE
OFFICER, DAVANGERE DISTRICT
DAVANGERE.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT, DAVANGERE DISTRICT,
DAVANGERE.
20
5 PRINCIPAL,
R.L LAW COLLEGE,
SC/ST HOSTEL,
DAVANGERE DISTRICT - 577 028. ...RESPONDENTS
(BY SRI RAGHAVENDRA G GAYATHRI, HCGP FOR R1 TO R3,
R4 AND R5 DELETED VIDE ORDER DATED 12.12.2008 )
IN W.P.NOS.15234/2008 & 15538-44/2008
BETWEEN :
1 ESHWARAPPA, S/O. ERAPPA
AGED ABOUT 47 YEARS
COOK.
2 BASAVARAJA,
S/O. BOMBADAPPA,
AGED ABOUT 43 YEARS,
COOK.
3 MAHANTESHA,
S/O. DURGAPPA,
AGED ABOUT 42 YEARS,
COOK.
4 PARASAPPA,
S/O. KANTHAPPA,
AGED ABOUT 33 YEARS, COOK.
5 BHARATHAMMA,
W/O. MANJAPPA,
AGED ABOUT 39 YEARS, ACCOUNTANT.
6 MANJULA BAI
W/O. BHEEMA RAO
AGED ABOUT 40 YEARS, COOK.
21
7 GANGAMMA
W/O. REVANNASIDDAPPA
AGED ABOUT 48 YEARS
ASSISTANT COOK
8 PARAMESHWARAPPA
S/O. NEELAPPA
AGED ABOUT 36 YEARS
WATCHMEN.
ALL ARE RESIDENT OF.
C/O. SRI A R M FIRST GRADE
COLLEGE, SC/ST HOSTEL
DAVANGERE - 577 028. ...PETITIONERS
(BY SRI. A C BALARAJ AND SRI GURUDATTA K, ADVs.,)
AND :
1 THE STATE OF KARNATAKA
REP BY ITS SECRETARY TO GOVERNMENT
SOCIAL WELFARE DEPARTMENT
K.G.M.S. BUILDING
BANGALORE - 560001.
2 THE COMMISSIONER FOR SOCIAL WELFARE
5TH FLOOR, M.S. BUILDING
BANGALORE - 560001.
3 THE DISTRICT SOCIAL WELFARE
OFFICER, DAVANGERE DISTRICT
DAVANGERE.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT,
DAVANGERE DISTRICT,
DAVANGERE.
22
5 PRINCIPAL,
R.L LAW COLLEGE,
SC/ST HOSTEL,
DAVANGERE DISTRICT - 577 028. ...RESPONDENTS
(BY SRI RAGHAVENDRA G GAYATHRI, HCGP FOR R1 TO R3,
R4 AND R5 DELETED VIDE ORDER DATED 11.12.2008)
IN W.P.NO.15236/2008
BETWEEN :
1 N H RUDRAPPA,
S/O. HALAPPA,
AGED ABOUT 38 YEARS
ACCOUNTANT.
2 BASAVARAJAPPA
S/O. THIMMAPPA
AGED ABOUT 43 YEARS
COOK.
3 GANGADHARA,
W/O. HUCHANGAPPA
AGED ABOUT 38 YEARS
COOK.
4 RUDRAPPA,
S/O. THIPPANNA,
AGED ABOUT 38 YEARS,
COOK.
5 DEVAMMA,
W/O. GOVINDAPPA,
AGED ABOUT 44 YEARS,
ASSISTANT COOK.
23
6 R DEVARAJA
S/O. RANGAPPA
AGED ABOUT 36 YEARS
WATCHMEN.
ALL ARE R/O. C/O. A R G ARTS AND
COMMERCE COLLEGE, SC/ST HOSTEL
DAVANGER E- 577 028. ...PETITIONERS
(BY SRI A C BALARAJ, ADV.,)
AND :
1 THE STATE OF KARNATAKA
REP BY ITS SECRETARY TO GOVERNMENT
SOCIAL WELFARE DEPARTMENT
K.G.M.S. BUILDING
BANGALORE - 560001.
2 THE COMMISSIONER FOR SOCIAL WELFARE
5TH FLOOR, M.S. BUILDING
BANGALORE - 560001.
3 THE DISTRICT SOCIAL WELFARE
OFFICER, DAVANGERE DISTRICT
DAVANGERE.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT, DAVANGERE DISTRICT,
DAVANGERE.
5 PRINCIPAL,
R.L LAW COLLEGE,
SC/ST HOSTEL,
DAVANGERE DISTRICT - 577 028. ...RESPONDENTS
24
(BY SRI RAGHAVENDRA G GAYATHRI, HCGP FOR R1 TO R3,
R4 AND R5 DELETED VIDE ORDER DATED 19.12.2008)
IN W.P.NOS.15237/2008 & W.P.NOS.15863-66/2008
BETWEEN :
1 G SHEKARAPPA, S/O. NAGAPPA
AGED ABOUT 40 YEARS
ACCOUNTANT
2 SHARADHAMMA, W/O. HANUMANTHAPPA
AGED ABOUT 39 YEARS, COOK
3 G RAJ KUMAR, S/O. BASAVARAJAPPA
AGED ABOUT 35 YEARS, COOK
4 SHEKARAPPA, S/O. RAMAPPA
AGED ABOUT 43 YEARS, COOK
5 RANGAMMA, AGED ABOUT 48 YEARS
COOK.
ALL ARE R/O. C/O. SRI D MANJUNATHA
PRE UNIVERSITY SC/ST COLLEGE HOSTEL
DAVANGERE DISTRICT - 577 028. ...PETITIONERS
(BY SRI A.C BALARAJ, ADV.,)
AND :
1 THE STATE OF KARNATAKA
REP BY ITS SECRETARY TO GOVERNMENT
SOCIAL WELFARE DEPARTMENT
K.G.M.S. BUILDING
BANGALORE - 560001.
2 THE COMMISSIONER FOR SOCIAL WELFARE
5TH FLOOR, M.S. BUILDING, BANGALORE - 560001.
25
3 THE DISTRICT SOCIAL WELFARE
OFFICER, DAVANGERE DISTRICT
DAVANGERE.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT, DAVANGERE DISTRICT,
DAVANGERE.
5 PRINCIPAL,
R.L LAW COLLEGE,
SC/ST HOSTEL,
DAVANGERE DISTRICT - 577 028. ...RESPONDENTS
(BY SRI RAGHAVENDRA G GAYATHRI, HCGP FOR R1 TO R3,
R4 AND R5 DELETED VIDE ORDER DATED 19.12.2008 )
IN W.P. NOS.15238/2008 & 16279-284/2008
BETWEEN :
1 N B SHIVAKUMAR
ACCOUNTANT, AGED ABOUT 42 YEARS
2 K RASHID
S/O. KHASIM SAB
AGED ABOUT 36 YEARS
COOK.
3 M B RAMAPPA
S/O. BASAPPA, AGED ABOUT 42 YEARS, COOK.
4 GADRAPPA
S/O. MAYAPPA
AGED ABOUT 38 YEARS, COOK.
5 H NAGARAJ NAIK
S/O. KRISHNA NAIK
26
AGED ABOUT 40 YEARS, COOK.
6 LALITHAMMA
W/O. HANUMANTHAPPA
AGED ABOUT 45 YEARS, ASSISTANT COOK
7 BHAGYAMMA
W/O. RAMANAIK
AGED ABOTU 46 YEARS, COOK.
ALL ARE R/O. C/O. SRI MALATHI C
PRE UNIVERSITY SC/ST 'B'
HOSTEL, JAGALUR
DAVANGERE DISTRICT - 577 028. ...PETITIONERS
(BY SRI A.C BALARAJ, ADV.,
AND SRI L.S MANJUNATH ADVOCATE FOR PETITIONER NO.1)
AND :
1 THE STATE OF KARNATAKA
REP BY ITS SECRETARY TO GOVERNMENT
SOCIAL WELFARE DEPARTMENT
K.G.M.S. BUILDING
BANGALORE - 560001.
2 THE COMMISSIONER FOR SOCIAL WELFARE
5TH FLOOR, M.S. BUILDING
BANGALORE - 560001.
3 THE DISTRICT SOCIAL WELFARE
OFFICER, DAVANGERE DISTRICT
DAVANGERE.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT, DAVANGERE DISTRICT,
DAVANGERE.
27
5 PRINCIPAL,
R.L LAW COLLEGE,
SC/ST HOSTEL,
DAVANGERE DISTRICT - 577 028. ...RESPONDENTS
(BY SRI RAGHAVENDRA G GAYATHRI, HCGP FOR R1 TO R3,
R4 AND R5 DELETED VIDE ORDER DATED 05.01.2009 )
IN W.P.NOS.15239/2008 & 15547-53/2008
BETWEEN :
1 N SHIVANANDA MURTHY,
S/O. A K NINGAPPA,
AGED ABOUT 44 YEARS,
ACCOUNTANT.
2 KADARAPPA, S/O. DURUGAPPA,
AGED ABOUT 45 YEARS,
COOK.
3 NAGENDRAPPA, S/O. YELLAPPA
AGED ABOUT 44 YEARS
COOK.
4 SHEKARAPPA, S/O. NAGAPPA,
AGED ABOUT 37 YEARS,
COOK.
5 NAGENDRAPPA H,
S/O. HUCHANGAPPA,
AGED ABOUT 48 YEARS,
COOK.
6 MANJAPPA,S/O. NAGAPPA
AGED ABOUT 32 YEARS,
COOK.
28
7 RATHNAMMA, W/O. HALLAPPA,
AGED ABOUT 45 YEARS,
COOK.
8 DURGAMMA, W/O. GOPALLAPPA
AGED ABOUT 42 YEARS
COOK
ALLA RE R/O. C/O. SRI DEVARAJA URS
FIRST GRADE COLLGE, SC/ST HOSTEL
DAVANGERE TALUK,
DAVANGERE - 577 028. ...PETITIONERS
(BY SRI. A C BALARAJ, SRI L.S MANJUNATH A AND SRI
GURUDATTA K. ADVs., )
AND :
1 THE STATE OF KARNATAKA
REP BY ITS SECRETARY TO GOVERNMENT
SOCIAL WELFARE DEPARTMENT
K.G.M.S. BUILDING
BANGALORE - 560001.
2 THE COMMISSIONER FOR SOCIAL WELFARE
5TH FLOOR, M.S. BUILDING
BANGALORE - 560001.
3 THE DISTRICT SOCIAL WELFARE
OFFICER, DAVANGERE DISTRICT
DAVANGERE.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT, DAVANGERE DISTRICT,
DAVANGERE.
29
5 PRINCIPAL,
R.L LAW COLLEGE,
SC/ST HOSTEL,
DAVANGERE DISTRICT - 577 028.
...RESPONDENTS
(BY SRI RAGHAVENDRA G GAYATHRI, HCGP FOR R1 TO R3,
R4 AND R5 DELETED VIDE ORDER DATED 12.12.2008)
IN W.P.NOS.16953-16956/2008
BETWEEN :
1 B PALLAIAH, S/O BASAIAH
AGED ABOUT 42 YEARS, ACCOUNTANT,
2 OBBALESHAPPA, S/O HANUMANTHAPPA
AGED ABOUT 35 YEARS, COOK,
3 K SOMASHEKARAPPA , S/O KADAPPA
AGED ABOUT 35 YEARS, COOK.
4 PARASHURAMA, S/O SIDDAPPA
AGED ABOUT 40 YEARS, ASSISTANT COOK.
ALL ARE RESIDENTS OF C/O M.M.N.F.G.COLLEGE
B HOSTEL,
CHITRADURGA-577 501 ...PETITIONERS
(BY SRI. A C BALARAJ, ADV., )
AND :
1 THE STATE OF KARNATAKA
REPTD. BY ITS SECRETARY TO GOVERNMENT,
SOCIAL WELFARE DEPARTMENT,
K.G.M.S BUILDING,
BANGALORE-560 001
30
2 THE COMMISSIONER FOR SOCIAL WELFARE
5TH FLOOR, M.S.BUILDING,
BANGALORE-560 001
3 THE DISTRICT SOCIAL WELFARE OFFICER
CHITRADURGA DIST.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHYAT, DAVANGERE DISTRICT,
DAVANGERE.
5 PRINCIPAL,
R.L LAW COLLEGE,
SC/ST HOSTEL,
DAVANGERE DISTRICT - 577 028. ...RESPONDENTS
(BY SRI RAGHAVENDRA G GAYATHRI, HCGP FOR R1 TO R3,
R4 AND R5 DELETED VIDE ORDER DATED 19.12.2008)
IN W.P.NO.2095/2009
BETWEEN :
T RAMESH, S/O THIPPANNA,
AGEDABOUT 42 YEARS,
ASSISTANT COOK
R/O M.M.N.F.S. COLLEGE
B-HOSTEL
CHITRADURGA-577 501 ...PETITIONER
(BY SRI A C BALARAJ, ADV.,)
AND :
1 THE STATE OF KARNATAKA
REP BY ITS SECRETARY TO GOVT.
SOCIAL WELFARE DEPARTMENT
K.G.M.S. BUILDING
BANGALORE-560 001
31
2 THE COMMISSIONER FOR SOCIAL WELFARE
5TH FLOOR, M.S.BUILDING
BANGALORE-560001
3 THE DISTRICT SOCIAL WELFARE OFFICER
CHITRADURGA DISTRICT
CHITRADURGA
4 THE TALUK SOCIAL WELFARE OFFICER
HOSADURGA
CHITRADURGA DISTRICT
5 THE CHIEF EXECUTIVE OFFICER
ZILLAP PANCHAYATH
CHITRADURGA DISTRICT
CHITRADURGA. ...RESPONDENTS
(BY SRI RAGHAVENDRA G GAYATHRI, HCGP FOR R1 TO R3
R4 AND R5 DELETED VIDE ORDER DATED 29.01.2009)
IN W.P.NOS.2096-2100/2009
BETWEEN :
1 BYRAPPA D S, S/O SIDDAPPA
ACCOUNTANT
AGED ABOUT 42 YEARS,
2 DODDARANGAPPA, S/O BYRAPPA
AGED ABOUT 38 YEARS,
COOK.
3 BASAVARAJA GOWDA, S/O BASAPPA
COOK,
32
AGED ABOUT 40 YEARS.
4 H. NINGESH, S/O HONNURAPPA
COOK
AGED ABOUT 38 YEARS.
5 RAMAIAH, S/O DODDABYRANGAPPA
AGED ABOUT 45 YEARS,
ASSISTANT COOK
ALL ARE R/O C/O BALIGONDUGURI
PRE-UNIVERSITY COLLEGE
HOSADURGA TOWN-577 527
HOSADURGA TALUK
CHITRADURGA DISTRICT . ...PETITIONERS
(BY SRI A C BALARAJ, ADV., )
AND :
1 THE STATE OF KARNATAKA
REP BY ITS SECRETARY
SOCIAL WELFARE DEPARTMENT
K.G.M.S. BUILDING
BANGALORE-560001
2 THE COMMISSIONER FOR SOCIAL WELFARE
5TH FLOOR, M.S.BUILDING
BANGALORE-560001
3 THE DISTRICT SOCIAL WELFARE OFFICER
CHITRADURGA DISTRICT
CHITRADURGA.
4 THE TALUK SOCIAL WELFARE OFFICER
HOSADURGA,
33
CHITRADURGA DISTRICT
5 THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT
CHITRADURGA DISTRICT
CHITRADURGA ...RESPONDENTS
(BY SRI RAGHAVENDRA G GAYATHRI HCGP FOR R1 TO R3,
R4 AND R5 DELETED VIDE ORDER DATED 13.02.2009)
WRIT PETITION NO.14213/2008 IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO PAY MINIMUM WAGES BY EXTENDING THE
BENEFIT OF THE ORDER PASSED BY THIS HON'BLE COURT IN
W.P.NOS. 17591 TO 97 AND 43674 OF 2004 DT. 20.9.2006, MARKED AS
ANNEXU-A AND B, RESPECTIVELY, AND WHICH ORDER HAS BEEN
IMPLEMENTED BY THE RESPONDENTS 1 TO 4, AS PER ORDER DT.
24.3.2007 MARKED AS ANNEXURE-L & ETC.,
WRIT PETITION NOS.15235/2008 & 17941-43/2008 ARE FILED
UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO DIRECT THE RESPONDENTS TO PAY MINIMUM WAGES
AND OTHER ALLOWENCES AND CONTINUE TO PAY THE SAME BY
EXTENDING THE BENEFIT OF THE ORDER PASSED BY THIS HON'BLE
COURT IN W.P.NOS. 17591 OF 2004 AND 43674 OF2004 DT.20.9.2006 VIDE
ANNX-B AND A RESPECTIVELY AND WHICH ORDER HAS BEEN
IMPLEMENTED BY THE R1 TO R4 AS PER ORDER DT.24.3.2007 VIDE
ANNEX-G.
WRIT PETITION NO.14405/2008 IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO PAY MINIMUM WAGES AND OTHER ALLOWANCES
AND CONTINUE TO PAY THE SAME BY EXTENDING THE BENEFIT OF
THE ORDER PASSED BY THIS HON'BLE COURT IN W.P. NOS. 17591 TO 97
AND 43674 OF 2004 DT. 20.9.2006, MARKED AS ANNEXURE-A AND B.,
RESPECTIVELY AND WHICH ORDER HAS BEEN IMPLEMENTED BY
THE REPONDNETS 1 TO 4, AS PER ORDER DT. 24.3.2007 MARKED AS
ANNEXURE-L.
WRIT PETITION NO.14406/2008 IS FILED UNDER ARTICLE S 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
34
RESPONDENTS TO PAY MINIMUM WAGES AND OTHER ALLOWANCES
CONTINUE TO PAY THE SAME BY EXTENDING THE BENEFIT OF THE
ORDER PASSED BY THIS HON'BLE COURT IN W.P.NOS. 17591 TO 97 AND
43674 OF 2004 DT. 20.9.2006, MARKED AS ANNEXURES-A AND B
RESPECTIVELY AND WHICH ORDER HAS BEEN IMPLEMENTED BY
THE RESPONDENTS 1 TO 4, AS PER ORDER DT. 24.3.2007 MARKED AS
ANNEXURE-L.
WRIT PETITION NOS.15168/2008 & 15299-303/2008 ARE FILED
UNDER THE ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO DIRECT THE RESPONDENTS TO PAY MINIMUM WAGES
AND OTHER ALLOWANCES AND CONTINUE TO PAY THE SAME BY
EXTENDING THE BENEFIT OF THE ORDER PASSED BY THIS HON'BLE
COURT IN W.P. NOS. 17591 TO 97 AND 43674 OF 2004 DT.20.9.2006
MARKED AS ANNEXURE-A AND B RESECTIVELY AND WHICH ORDER
HAS BEEN IMPLEMENTED BY THE RESPONDENTS 1 TO 4, AS PER
ORDER DT. 24.3.2007 MARKED AS ANNEXURE-G.
WRIT PETITION NOS.15169/2008 & 16397-402/2008 ARE FILED
UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO DIRECT THE RESPONDENTS TO PAY MINIMUS WAGES
AND OTHER ALLOWANCES AND CONTINUE TO PAY THE SAME BY
EXTENDING THE BENEFIT OF THE ORDER PASSED BY THIS HON'BLE
COURT IN WP.NOS.17591 TO 97 AND 43674/04, DT.20.9.06 MARKED AS
ANN-B AND A RESPECTIVELY AND WHICH ORDER HAS BEEN
IMPLEMENTED BY THE R1 TO R4, AS PER ORDER D.24.3.07 MARKED
AS ANN-G.
WRIT PETITION NOS.15170/2008 & 15305-308/2008 ARE FILED
UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO DIRECT THE RESPONDENTS TO PAY MINIMUM WAGES
AND OTHER ALLOWANCES AND CONTINUE TO PAY THE SAME BY
EXTENDING THE BENEFIT OF THE ORDER PASSED BY THIS HON'BLE
COURT IN W.P.NOS. 17591 TO 97 AND 43674 OF 2004 DT. 20.9.2006, VIDE
ANX-A AND B RESPECTIVELY AND WHICH ORDER HAS BEEN
IMPLEMENTED BY THE R1 TO 4, AS PER ORDER DT. 24.3.207 VIDE ANX-
G.
WRIT PETITION NOS.15212/2008 & 15868- 876/2008 ARE FILED
UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO DIRECT THE RESPONDENTS TO PAY MINIMUM WAGES
35
AND OTHER ALLOWANCE AND CONTINUE TO PAY THE SAME BY
EXTENDING THE BENEFIT OF THE ORDER PASSED BY THIS HON'BLE
COURT IN W.P.NOS 17591 TO 97 AND 43674 OF 204 DT. 20.9.2006, VIDE
ANX-A AND B RESPECTIVELY AND WHICH ORDER HAS BEEN
IMPLEMENTED BY THE R1 TO 4 AS PER ORDER DT. 24.3.2007 VIDE
ANX-B.
WRIT PETITION NOS.15213/2008 & 17944-951/2008 ARE FILED
UNDER OF THE ARTICLES 226 AND 227 OF THE CONSTITUTION OF
INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PAY MINIMU
WAGES & OTHER ALLOWANCES & CONTINUE TO PAY THE SAME BY
EXTENDING THE BENEFIT OF THE ORDER PASSED BY THIS COURT IN
WP.NOS.17591 TO 97 & 43674/04 DT.20.9.06, MARKED AS ANN-A & B,
RESPECTIVELY & WHICH ORDER HAS BEEN IMPLEMENTD BY THE R1
TO R4, AS PER ORDER DT.24.3.07, MARKED AS ANN-J.
WRIT PETITION NOS.15214/2008 & 15531-37/2008 ARE FILED
UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO DIRECT THE RESPONDENTS TO PAY MINIMUM WAGES
AND OTHER ALLOWANCES AND CONTINUE TO PAY THE SAME BY
EXTENDING THE BENEFIT OF THE ORDER PASSED BY THIS HON'BLE
COURT IN W.P.NOS 17591 TO 97 AND 43674 OF 2004 DT. 20.9.2006, VIDE
ANX-A AND B RESPECTIVELY AND WHICH ORDER HAS BEEN
IMPLEMENTED BY THE R1 TO 4 AS PER ORDER DT. 24.3.207 VIDE ANX-
G.
WRIT PETITION NOS.15234/2008 & 15538-44/2008 ARE FILED
UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO DIRECT THE RESPONDENTS TO PAY MINIMUM WAGES
AND OTHER ALLOWANCES AND CONTINUE TO PAY THE SAME BY
EXTENDING THE BENEFIT OF THE ORDER PASSED BY THIS HON'BLE
COURT IN W.P.NOS 17591 TO 97 AND 43674 OF 2004 DT. 20.9.2006, VIDE
ANX-A AND B RESPECTIVELY AND WHICH ORDER HAS BEEN
IMPLEMENTED BY THE R1 TO 4 AS PER ORDER DT. 24.3.207 VIDE ANX-
G.
WRIT PETITION NO.15236/2008 IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO PAY MINIMUM WAGES AND OTHER ALLOWANCES
AND CONTINUE TO PAY THE SAME BY EXTENDING THE BENEFIT OF
THE ORDER PASSED BY THIS HON'BLE COURT IN WP.NOS.17591 TO 97
AND 43674/2004, DT.20.9.06, MARKED AS AN-A & B RESPECTIVELY AND
36
WHICH ORDER HAS BEEN IMPLEMENTAED BY THE R1 TO R4 AS PER
ORDER DT.24.3.07, MARKED AS ANN-G & ETC.,
WRIT PETITION NOS.15237/2008 & 15863-66/2008 ARE FILED
UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO DIRECT THE RESPONDENTS TO PAY MINIMUM WAGES &
OTHER ALLOWANCES & CONTINUE TO PAY THE SAME BY
EXTENDING THE BENEFIT OF THE ORDER PASSED BY THIS HON'BLE
COURT IN WP.NOS.17591 TO 97 & 43674/04 DT.20.9.06, MARKED AS ANN-
A & B RESPECTIVELY AND WHICH ORDER HAS BEEN IMPLEMENTED
BY THE R1 TO R4 AS PER ORDER DT.24.3.07, MARKED AS ANN-G &
ETC.,
WRIT PETITION NOS.15238/2008 & 16279-284 ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDIA PRAYING
TO DIRECT THE ERSPONDENTS TO PAY MINIMUM WAGES AND OTHER
ALLOWANCES AND CONTINUE TO PAY THE SAME BY EXTENEDING
THE BENEFIT OF THE ORDER PASSED BY THIS HON'BLE COURT IN
W.P.NOS. 17591 TO 97 AND 43674 OF 2004 DT. 20.9.2006, MARKED AS
ANNEXURES-A AND B., RESPECTIVELY AND WHICH ORDER HAS BEEN
IMPLEMENTED BY THE RESPONDENTS 1 TO 4, AS PER ORDER DT.
24.3.2007 MARKED AS ANNEXURE-G & ETC.,
WRIT PETITION NOS.15239/2008 & 15547-53/2008 ARE FILED
UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE RESPONDENTS TO PAY MINIMUM WAGES
AND OTHER ALLOWANCES AND CONTINUE TO PAY THE SAME BY
EXTENDING THE BENEFIT OF THE ORDER PASSED BY THIS HON'BLE
COURT IN W.P.NOS. 17591 TO 97 AND 43674 OF 2004 DT. 20.9.2006, VIDE
ANX-A AND B RESPECTIVELY AND WHICH ORDER HAS BEEN
IMPLEMENTED BY THE R1 TO 4, AS PER ORDER DT. 24.3.207 VIDE ANX-
G & ETC.,
WRIT PETITION NOS. 16953-956/2008 ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENTS TO PAY MINIMUM WAGES AND TO
CONTINUE PAY THE SAME BY EXTENDING THE BENEFIT OF THE
ORDER PASSED BY THIS HON'BLE COURT IN WP.NOS.17591 TO 97/04
AND 43674/04 DT.20.9.06, MARKED AS ANN-A & B RESPECTIVELY &
37
WHICH ORDER HAS BEEN IMPLEMENTED BY THE R1 TO R4 AS PER
ORDER DT.24.3.07, MARKED AS ANN-H.
WRIT PETITION NO.2095/2009 IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO PAY MINIMUM WAGES & OTHER ALLOWANCES
TOGETHER ARREARS WITH EFFECT FROM SEPTEMBER 2003 AND TO
CONTINUE TO PAY THE SAME BY EXTENDING THE BENEFIT OF THE
ORDER PASSED BY THIS HON'BLE COURT IN WP.NOS.17591 TO 97/04
AND 43674/04, DT.209.06, MARKED AS ANN-A, & B RESPECTIVELY AND
WHICH ORDER HAS BEEN IMPLEMENTED BY THE R1, TO R3 AS PER
ORDER DT.24.3.07, MARKED AS ANN-H & ETC.,
WRIT PETITION NOS.2096-2100/2009 ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDLDNTS TO EXTEND THE BVENEFIT OF THE
ORDR PASSED BY THIS HON'BLE COURT IN W.PNOS. 17591 TO 97 OF
2004 AND 43674 OF 2004 DT. 20.9.2006 MARKED AS ANEXURES-A AND B
RESPECTIVELY FOR PAYMENT OF MINIMUM WAGES AND OTHER
ALLOWANCES TOGETHER WITH ARREARS WITH EFFECT FROM
SEPTEMBER 2003 & ETC.,
THESE PETITIONS ARE COMING ON FOR DICTATING ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
All these writ petitions were earlier disposed of by this Court by various orders, however, the State had filed W.A.No.1815/2009 and connected matters. The Division Bench of the Court after hearing both the sides by order dated 18.06.2012 set aside the orders passed by the learned Single Judges in these writ petitions, on the ground that, the State was not heard in the matter and accordingly, the matters 38 were placed before the learned Single Judge for fresh disposal. That is how these matters are again posted before me.
2. Petitioners in all these writ petitions claim that they were appointed by the Management/Principal on daily wages as Accountant, Cooks, Assistant Cooks, Attenders, etc., in respect of hostel attached to the aided colleges. The Management was providing hostel and food facilities for Scheduled Caste/Scheduled Tribe and Backward Class Students of post-matriculation. Petitioners were appointed with effect from 01.06.1982 onwards. They have rendered more than 26 years of service, however, there services were not regularised nor they were paid minimum wages even after the State Government issuing notification dated 20th December 2001, fixing the minimum wages for Cooks, Accountants, etc., working in the residential hostels. In this regard, the petitioners had made a demand for fixing of minimum wages, however, their request has been rejected. Thereafter, some of the similarly placed employees had approached this Court in W.P.No.43674/2004 as against the rejection of grant of minimum wages (the employees in hostel meant for SC/ST 39 and Backward Classes) and the said writ petitions were allowed, wherein this court by order dated 20th September 2006 quashed the circular withdrawing the minimum wages to the employees working in residential hostels and directed the respondents to continue to pay the minimum wages as drawn by the petitioners from 2003 onwards with consequential benefits. Relying on the said decision, these petitioners also sought for issue of writ of mandamus directing the respondents to pay minimum wages by extending the benefits of the orders passed by this court in W.P.No.17591/2004 and W.P.No.43674/2004 dated 20th September 2006, which order has been implemented by the District Social Welfare Officer, Chamarajanagar, by order dated 24th March 2007.
3. After these writ petitions were placed again for hearing, the State has filed the detailed objections interalia contending that, the petitioners are not employed by the State. There is no document to show that any of the appointment is made by the State or State Authority. The hostel is not admitted to any Grant-in-aid nor the appointments of the petitioners are admitted to any grant by the 40 Government. Hostels are run by the Private Educational Institutions, in turn, the Private Educational Institutions have employed the petitioners, as such, there is no relationship of employer and employee between the petitioners and the State nor they are the sanctioned post or approved by the Government. However, the Government grants financial assistance to the Management towards the maintenance and establishment of hostels for SC/ST and backward classes. It is the Management engaged the services of the Accountants, Cooks, Assistant Cooks, Attenders, etc. Some of the recognized institutions, which run the hostels were provided with the grant towards maintenance and establishment. Such grant is utilized for various purposes by the Management. Except this, there is no relationship between the Private Management and the State.
4. What is claimed by the petitioners is minimum wages in terms of Gazette dated 11th December 2001. If there is any claim for payment of minimum wages against the employer, such claim is required to be made under Section 20 sub-section (2) of the Minimum Wages Act, before the Controlling Authority under the said Act. 41 Hence, the Writ Petitions for grant of minimum wages is not maintainable much less against the Government. It is stated that, there is no sanctioned grant for post-matriculation, college hostels in the Department of Social Welfare of the State, there is no head of accounts in the Social Welfare Department to sanction a Grant-in-aid for any post-matriculation or college hostel in the State of Karnataka. The Government of India sanctions the scholarship to the students belonging to SC/ST, the State sanctions the extra boarding and lodging charges to the SC/ST students studying in private hostels, managed by the Private Management.
5. The scheme for providing financial assistance as per the Government circular dated 16.03.1981 was to provide extra boarding and lodging (EBL charges) to encourage the higher education to the students belonging to SC/ST and backward community and to bring them to the main stream by way of sanctioning the scholarship providing the private managed college to provide boarding and lodging facilities to these students. Even if there are some directions or orders issued by the Zilla Panchayat under misconception, such 42 orders or directions would be without authority of law and will not lead to conclusion that the employee of a private managed hostels would be entitled to receive the salary grant from the Government.
6. Amongst 18 batches of writ petitions filed, the petitioners in W.P.No.15238/2008 and 16279-284/2008 claiming to be working in Sri.Malathi Pre-University SC/ST 'B' Hostel, Jagalur, Davangere District, is closed since 1998. Petitioners in W.P.No.15239 and 15547- 553/2008 claiming to be working in Sri.Devaraj Urs First Grade College, SC/ST Hostel, Davanagere Taluk is closed from 2004. Petitioners in W.P.Nos.15235/2008 and 17941-43/2008 claiming to be working in R.L.Law College, SC/ST Hostel, Davanagere District, is closed from 31.03.2005. Similarly the hostels where the petitioners in W.P.Nos.15236/2008, 15169/2008, 16397-402/2008, 15170/2008, 15305-308/2008, 15234/2008, 15538-308/2008, 15237/2008, 15363- 866/2008, 15168/2008, 15299-303/2008, 16953-956/2008, and 2095/2009, claiming to be working in the hostel, the said hostels have been closed since 2007, 2010, 2010, 2010, 2009, 2012, 1998 and 1998 respectively. The petitioners in W.P.Nos.15213, 15212, 15868- 43 876/2008, 15214/2008 and 15531-537/2009 claiming to be working in hostels are not existing. Insofar as the hostels referred to in W.P.Nos.14406/2008, 14213/2009, 14405/2008 and 2096-2100/2009 are concerned, they are only hostels which are functioning and as per the norms, the establishment and maintenance grants are provided to the said hostels. It is further stated that, since there is no relationship of employer and employee nor the Government has engaged these petitioners either on contract basis or on daily wage basis or under any scheme, the petitioners have no right to claim the wages from the Government. The sanction of financial assistance is based on budget allocation and budget allocation is also based on sanction of the schemes by the Government. The Government has no doubt sanctioned the financial assistance for establishment and maintaining the hostels under the supervision and control of the private Manager, however, the Government has no control over the employment. Only for the purpose of guidance, the utilization of the amount is specified, except this, there is no relationship much less of master and servant.
7. In order to encourage the SC/ ST and backward class 44 students to go for post-matriculation education, they were provided scholarship under the Central Government scheme. Simultaneously, State has also provided extra lodging and boarding scholarship based on the strength of the students, the said amount is utilised by the private management for establishment and running the hostels. Hence, the petitioners cannot have any grievance against the State for payment of minimum wages.
8. Learned Counsel appearing for the petitioners contended that, the petitioners were appointed as daily wage employees initially on payment of Rs.6.50 paise per day, which was enhanced to Rs.10/- per day, then to Rs.20/- per day and fixed at Rs.780/- as honorarium payment per month. The Government has not issued any appointment order, but their salary is paid out of the grant provided to the Private Management. The Private Management only supervises the hostels and its supervision is based on financial assistance provided by the State Government, as such, the salary is paid out of the said grant. Hence, it is the Government, which looks after the wages of the servants working in the hostel.
45
9. To support his contentions, learned Counsel relied on the additional documents filed along with the reply to the statement of objections in W.P.No.14406/2008. Relying on Annexure-X, a circular dated 14.02.1992, learned Counsel submitted that, the Chief Executive Officer of the Zilla Panchayat, Chitraduraga has recommended for payment of minimum wages to the employees working in the hostel. He also relied on the order of Zilla Panchayat, Chitradurga dated 28.06.1996 wherein the Zilla Panchayat has decided to fix the consolidated wages at Rs.780/- per month. He further relied on the Government notification dated 11.12.2001 wherein the Government in exercise of its power under Section 5 sub-section (1) of the Minimum Wages Act has fixed the minimum wages for the employees working in the hostel. In view of the notification of fixing the minimum wages, the employees working in the hostel, legally entitled for the minimum wages as per the said notification. He also relied on a communication from the Commissioner of Social Welfare Department to the District Social Welfare Officer wherein he had directed the District Social Welfare Officer to extend the minimum wages to the 46 employees working in the hostel meant for SC/ST students. He further relied on a communication issued by the Management of the private educational institution to the Taluka Welfare Officer dated 10.09.2003 to submit that, the Private Management, though pays the wages, but in turn, it is based on the direction of the Social Welfare Department, the wages are fixed. Further submitted that, the Management had even replied to the Taluka Welfare Officer interalia expressing that the Government has not sanctioned the wages of the employees in the hostel to show that the wages are paid by the Government. Referring to these documents, learned Counsel submitted that, the expenditure incurred by private Management is based on the sanction made by the Government. He further submitted that, it is the State which is the principal employer and responsible for disbursement of the salary of the petitioners and in view of fixation of minimum wages, petitioners are accordingly entitled for the same.
10. He also relied on a letter dated 23.04.2007 written by the Commissioner for Department of Social Welfare to the Secretary to the Department of Social Welfare for sanction of daily wages and for 47 taking hostels under the control of the Social Welfare Department.
11. Learned Counsel relied on the order of the learned Single Judge in W.P.No.43674/2004 dated 20.09.2006 confirmed in W.A.No.87/2009 and submitted that, the S.L.P. filed against the order of this Court is dismissed and submitted that, this Court had quashed the circular withdrawing the application of minimum wages to the employees of the hostels, as such, the order of this Court is also binding on the respondents to sanction minimum wages to the petitioners herein.
12. On the other hand, learned Advocate General appearing for the State contended that, to seek a direction against the State for payment of minimum wages, it is necessary that, there must be a relationship of employer and employee between the petitioner and the State. The petitioners are neither civil servants nor they have been engaged by the State either on daily wages or on monthly wages nor they were temporarily engaged nor they were engaged under any scheme by the State. However, submitted that, the private educational 48 institutions to attract the students belonging to the SC/ST and backward classes to their colleges, they also provided hostel facilities. The Central Government sanctions the study scholarship to the SC/ST students, it also sanctions scholarship for hostel facilities depending upon the number of students. The State has extended the benefit of providing extra boarding and lodging facilities by granting the establishment and maintenance charge to the private institutions, which are running and providing the boarding and lodging facilities to the students belonging to SC/ST and backward classes. Depending upon the number of students, the amount is sanctioned to be utilised for various purposes, as such, sanction of financial assistance to a Private Educational Institutions for purpose of establishment and maintenance of hostels does not create a relationship of employer and employee between the employees working in the hostels and the State. Even incidentally if the Management pays the salary out of maintenance grant, that also will not create any relationship between the State and the petitioners.
13. He relied on the objection statement filed by the State and 49 submitted that, the petitioners being appointed by the private management and their appointment orders produced by the petitioners themselves show that, they are issued by the Principal of the private colleges, they do not show that they are issued at the instance of the Government or any Authority of the Government, as such, the petitioners merely because their employment is also covered by the minimum wages notification, they do not get any right against the State. Fixation of minimum wages does not mean that the State should pay it, it is the employer's liability. He also relied on Annexur- R9 produced in W.P.No.14213/2008 produced along with the statement of objections to show as to how the financial assistance is sanctioned and pointed out, that the sanctioned amount is based on the strength of the students, i.e., hostel must have minimum 25 registered students and if the hostel has got 25 to 50 students, amount is sanctioned towards the establishment and maintenance charges, the same is determined on each head of the student. The eligibility criteria for such grant under the rules/scheme is based on requirement of the establishment, for which the voluntary Organisations should 50 also contribute towards such charges. On the basis of the strength of the students indicated, only portion at the discretion of the sanctioning authority taking into account the financial position of the voluntary Organisation, the sanctions are made. It is based on these norms, the amounts are sanctioned, but this per se does not create a direct responsibility on the State to provide for salary of the employees in the hostel. If the hostels are recognised and having a requisite strength of the students, depending upon the strength, facilities to be provided and the sanctions are made. He further relied on Anenxur- R12 - notification under the Minimum Wages Act and submitted that, any claim for minimum wages, the claim petition has to be made before the Controlling Authority under the Minimum Wages Act. The Writ Petition is not maintainable to claim the minimum wages. The said authority has power to adjudicate the dispute in the matter of fixation of minimum wages.
14. As far as the order passed in W.P.No.43674/2004 is concerned, he submitted that, this court has proceeded on the basis that, minimum wages was extended to these petitioners by the State 51 and the same was withdrawn and the withdrawal of the fixation of minimum wages was questioned before this Court. This Court has not decided as to whether the State is employer or not. The State Government neither sanctioned the wages nor granted the salary grant, even if the withdrawal is quashed by this Court, it is the employer alone is liable to pay the minimum wages. Even otherwise, this Court not took note of the provisions of Section 20 Clause (3) of the Minimum Wages Act, that is any claim for minimum wages has to be made only before the statutory authority under the Minimum Wages Act and not directly under Article 226 of the Constitution of India. This Court has not considered as to whether there is any relationship of master and servant between the petitioners and the State, even if there is any observation, rule of sub-silentio is applicable and it will not be binding.
15. To support his contention, he relied on the following judgements of the Apex Court:
1. (1989) 1 SCC 101 in the matter of Municipal Corporation of Delhi -vs- Gurnam Kaur, paragraph No.11 52
2. (2012) 7 SCC 462 in the matter of Purbanchal Cables and Conductors Private Limited -vs- Assam State Electricity Board and Another - paragraphs-53 and 63.
16. He further submitted that, the Government has not accepted at any time either to absorb the employees or to run the hostels. Only hostels, which are run by the Social Welfare Department, they come under the control of Social Welfare Department, but hostels run by the private management will not come within the purview of Social Welfare Department. If there are any communication by the Social Welfare Department, such communication does not confer any right on the petitioners to claim the payment of wages from the Government. He also submitted that, all the employment under the State must be in consonance with the rules made under Article 309 of the Constitution of India. Even if the daily wage, or contractual employment are made, if they are made through any outside agency, such employment will not be under the control of the State. In the absence of relationship of employer and 53 employee, no direction could be issued to State to provide minimum wages to the petitioners.
17. In the light of the above submissions, the points that arise for consideration are:
i) Whether the petitioners are the employees engaged by the State?
ii) Whether the Writ Petitions are maintainable for claim of minimum wages?
iii) Whether the order in W.P.No.43674/2004 is hit by rule of sub silentio?
18. Even according to the pleadings in the writ petitions, petitioners claim that, the private institutions are admitted to the Grant-in-aid and the said institutions have established hostel facilities to the SC/ST students studying in their colleges. That the said hostels are established by the private educational institutions. Petitioners also admit that, they were appointed by the Principal of the Private Educational Institutions. However, they claim that, they were paying the minimum wages earlier and the same has been withdrawn by the 54 circular dated 29.04.1989 and this Court has quashed the withdrawal notification.
19. Even according to the documents produced by the petitioners and the State in its objection statement, including various circulars, it reveal that, right from 1965 onwards, the Government as a Social Welfare measure to encourage the students belonging to SC/ST right from third year plan in 1965, it decided to extend the facilities of extra boarding charges to the backward class students in the general hostels and accordingly, the Government order dated 30.12.1965 was issued interalia providing for extra boarding charges to the backward class students studying in Post-Matric degree course in Mysore State then. Clause-2 & 3 of the said order reads as under:
"2. Extra boarding charges may be sanctioned , subject to availability of funds, in respect of students of the following denomination studying in Post-Matric Degree courses in a College affiliated to a University in Mysore State, namely:-
a) Scheduled Castes,
b) Scheduled Tribes, 55
c) Denotified Tribes,
d) Nomadic and Semi-Nomadic Tribes.
3. Such charges may be sanctioned by the Deputy Commissioners incharge of the Districts in respect of eligible students for each term for which they have been residing in the hostels situated within their respective jurisdictions. For this purpose, the 1st term shall be deemed to run from the date on which the classes commenced in that academic year till 31st, October of that year, and the II term shall be deemed to run from 1st November to 31st March of that academic year. Extra boarding charges may also be sanctioned subject to fulfillment of all other requirements for the months of April and/or May a special case in the event of the Hostel being required to remain open to enable students to appear for the examination and/or to attend special or regular classes during those months".
20. The idea of sanctioning the funds or charges was to provide hostel facilities to the SC/ST, Denotified Tribes, Nomadic and Semi- Nomadic Tribes and it is based on the strength of students i.e., number of strength corresponding the expenditure. In this regard, such Managements were required to make application for sanction of this extra boarding and lodging charges.
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21. From time to time, the circulars are issued. On 20 th December 1977, the Director of Social Welfare and Backward Classes framed direct rules, wherein it is stipulated how the grant should be provided. Rules provided for sanction of grants towards establishment charges for the hostels run through Social Welfare Department for the welfare of SC/ST and backward classes. Insofar as the hostels run by the Social Welfare Department, the expenditure is borne out by the Social Welfare Department. However, if the hostels are run by the Private Management, they were required to be recognised by the Director of Social Welfare and the minimum strength of the students at any time should not be less than 25 and such hostels should be registered under the Registration Act, based on the strength, the grants are sanctioned.
22. No doubt, learned Counsel for the petitioners relied on Annexures-W, X and Y in W.P.No.14406/2008. These are not the communications issued by the State but they are communications by the Zilla Panchayat, they also do not show that the wages are directly paid by the State. However, they are only recommendations for 57 payment of minimum wages, in turn, the Government proceedings and manner of sanction of the financial assistance right from 1965 is based on the strength of the students, on each head of the student, fixed grants are made in case of hostel having not less than 25 students.
23. Every amount of the Government is accountable and is to be spent in accordance with the Scheme sanctioned. Merely because the hostels are provided with the grant for establishment and maintenance, which is inclusive of employees' salary unless such employment is admitted to the grant, or aided by the Government, that will not create a relationship of employee and employer. The object of providing the hostels for students belonging to SC/ST and backward classes was as a welfare measure. In furtherance of the same, the scholarship is provided to the students belonging to said community, correspondingly the scholarship is also provided for extra boarding and lodging. Ex.R10, a circular dated 16.03.1981 in respect of extra boarding and lodging charges to the SC/ST students, Post- Matric hostels run by voluntary Organisation. That is the voluntary 58 organization, which intends to start hostel for Post-Matric course for the benefit of SC/ST students, those students should send an application in prescribed form and sponsors of the voluntary organization should indicate the sources of funds towards non- recurring expenditure on furniture, utensils and recurring expenditure on rent, staff, etc.,. and the total amount they are investing which are deposited in a Bank and the names of the persons, who are authorised by the Management to operate the funds. Along with the affidavit, the application should be forwarded through the Deputy Commissioner to the Director of Social Welfare. Such hostels should have minimum students of 50 and not more than 100. It should have all the facilities, such as, proper studying, sleeping, bathroom, lavatory, lighting, utensils, furniture and facilities for the board room, etc,. The post- matriculation scholarship at the rate of 125/- per month then was sanctioned. Now it is increased. The extra boarding and lodging charges were sanctioned every month, in any case, the Management shall claim the grant within two months according to the actual expenditure incurred on the maintenance of the Post-Matric hostel 59 with reference to the amount sanctioned for the previous months. This clearly shows that, what was intended is dependent upon the capacity of the non-governmental Organisations for running the hostels, based on proper resources and facilities, the grants towards maintenance and establishment charges based on the number of students, the Government as per the prescribed rate could sanction the amount.
24. Merely because the petitioners are working in hostels run by the private Management assisted with financial assistance form the State Government, that does not create responsibility on the State to pay the wages of such employees.
25. However, if the Management finds it difficult to run the hostel or the grant is insufficient and as a welfare measure, the State is required to grant additional fund, it is upto the Managements to seek for additional grant, as permissible.
26. It is not in dispute that, the appointments of these petitioners are made by the Private Management and not by the State. Hence, it 60 cannot be construed that the State has engaged these petitioners and thereby the State is under obligation to pay the minimum wages, but at the same time, it cannot be said that, the employment of the petitioners, if it is covered under the notification dated 11.12.2001 prescribing minimum wages, they would be entitled for minimum wages, but said payment cannot be enforced against the State, it is open to the petitioners to seek for such payment against the employer through or by whom they have been engaged.
27. Apart from the above, these Writ Petitions are also not maintainable as the dispute as regard to the minimum wages is concerned, there is a separate statute providing for adjudication of such claim. When there is separate legislation viz., "the Minimum Wages Act", these Writ Petitions are not maintainable.
28. Section 20 Clause (2) of the Minimum Wages Act requires an employee, who claims minimum wages, shall make an application either by himself or through legal practitioner for payment of minimum wages and if such application is filed, the Controlling 61 Authority shall hear the applicant and the employer and after giving an opportunity of being heard shall pass an order, as such, when there is a statutory remedy provided for claiming the minimum wages bypassing the said remedy, writ petitions are not maintainable much less against the State, if the private Management is the employer, their remedy lies against the private Management or non-governmental organization, whoever has established the hostel and that remedy is only before the proper Authority under the Minimum Wages Act.
29. As far as the orders passed by this court in W.P.No.43674/2004, this Court proceeds on the basis that the State Government by order dated 02.03.1998 granted the minimum wages to the employees of the hostels for SC/ST and that the expenditure incurred would be borne by the Social Welfare Department and Zilla Panchayat fund and observing that, having decided to grant minimum wages, by issue of circular, same cannot be withdrawn. There is no sanction of minimum wages to the employees of private hostels meant for SC/ST students. The circular withdrawing the same has no consequence. Nor there is any order by the State to grant minimum 62 wages. Notification issued under Section 5(1) of the Minimum Wages Act has general application, all the employees working in hostel are entitled for minimum wages from the employer.
30. When there is no relationship of employee and employer between the petitioners and the State, petitioners cannot seek minimum wages from the State, but may seek the same from their employers. There is no reference to the order of the Government sanctioning the minimum wages to the petitioners nor there is any order to show that the Government had decided to grant minimum wages to the petitioners or similarly placed employees of the hostel. Even if the withdrawal of the minimum wages passed by the District Social Welfare Officer, that does not take away the effect of notification dated 11.12.2001 fixing the minimum wages nor will have any binding effect on the State Government to grant minimum wages. Even otherwise, in case of fixation of minimum wages, when there is a statutory remedy provided under Section 20 of the Minimum Wages Act, no direction could be issued to fix the minimum wages or grant the minimum wages unless it is adjudicated before the competent 63 authority under the said Act. This Court has not held that the State is the employer. Further, the said order also does not refer the provisions of the Minimum Wages Act.
31. The Apex Court in a judgment reported in Purbanchal Cables and Conductors Private Limited (supra), if a particular point of law involved in a decision is not perceived by the court, court may decide in favour of one party because of the point raised therein. It may be shown that court should not have decided in favour of such party by not considering the other binding law. It is not in dispute that this court, on earlier occasion had only considered the communication of Zilla Panchayat and the notification dated 11.12.2001 notified on 22.12.2001. Even if the minimum wages is fixed, the liability to pay the minimum wages has to be decided based on relationship of employer and employee as defined under the Minimum Wages Act. The Authority to decide such issue is the Controlling Authority and the issue as to whether the Government is the employer has not been placed before the Court nor it was decided nor there is any material to indicate impliedly that was the consideration by this court. If there is 64 any decision arrived without reference to the statutory provisions applicable to the facts and circumstances of the case, any decision in such cases, it will not become ratio descidenti or a precedent and in such cases, the principles of sub silentio would be attracted.
32. The Apex Court in another case reported in (1989)1 SCC 101 (supra), relying on earlier decision, has observed that, a decision should be treated as given per incuriam when it is given in ignorance of the terms of a statute or of a rule having the force of a statute.
33. Even otherwise, the petitioners had not claimed that they were appointed by the State. If according to them, they were appointed by the Management and if there is any dispute as regard to the payment of minimum wages, the remedy is under the provisions of Minimum Wages Act and not by filing the Writ Petition.
34. Further out of 18 batches of the writ petitions as referred to above, except W.P.Nos.14406/2008, 14213/2009, 14405/2008 and 2096-2100/2009, all other hostels have been closed right from 1998, 2004, 2005, 2007, 2010 and 2012. Hence, when the hostels 65 themselves are closed, the consideration of relief as on the date of 2008 also could not have arisen in some cases and in respect of private institutions, which are running hostels, learned Advocate General submitted that, as per the prescribed norms, grants have been extended to such hostels.
35. In view of the above, in my opinion, there being no relationship of employer and employee, which is a paramount consideration for the purpose of enforcing for payment of minimum wages, the question of granting direction does not arise. Eve in case of any dispute as regard to the employer and employee, this Court cannot decide such issue. If there is a relationship of employer and employee between the petitioners and the Private Management, the writ petition is not maintainable against the private institutions. Even otherwise also, if it is a claim against any statutory Authority when there is an alternative efficacious statutory remedy, the writ petition is also maintainable, as such, granting the relief also does not arise.
36. Hence, for the above reasons, I hold that the writ petitions 66 are liable to be dismissed.
Accordingly, the Writ Petitions are dismissed, but the order of dismissal will not preclude the petitioners to work out their remedy in terms of notification dated 11.12.2001 notified on 22.12.2001 for minimum wages against the employer in accordance with law, if they are eligible for the same.
Sd/-
JUDGE KNM/ DP