Karnataka High Court
The Managing Director vs Sri Srinivasan B on 19 April, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 707 OF 2019 (L-RES)
Digitally C/W
signed by R
HEMALATHA WRIT PETITION NO. 704 OF 2019 (L-RES), WRIT
Location: PETITION NO. 710 OF 2019 (L-RES), WRIT PETITION
HIGH
COURT OF
KARNATAKA
NO. 713 OF 2019 (L-RES), WRIT PETITION NO. 717 OF
2019 (L-RES), WRIT PETITION NO. 721 OF 2019 (L-RES),
WRIT PETITION NO. 724 OF 2019 (L-MW), WRIT
PETITION NO. 728 OF 2019 (L-TER), WRIT PETITION NO.
731 OF 2019 (L-RES), WRIT PETITION NO. 734 OF 2019
(L-RES), WRIT PETITION NO. 759 OF 2019 (L-RES),
WRIT PETITION NO. 50790 OF 2019 (L-TER), WRIT
PETITION NO. 51464 OF 2019 (L-RES), WRIT PETITION
NO. 6032 OF 2020 (L-TER), WRIT PETITION NO. 6489 OF
2020 (L-RES), WRIT PETITION NO. 7085 OF 2020
(L-RES), WRIT PETITION NO. 7089 OF 2020 (L-RES),
WRIT PETITION NO. 7381 OF 2020 (L-RES), WRIT
PETITION NO. 7612 OF 2020 (L-RES), WRIT PETITION
NO. 7792 OF 2020 (L-RES), WRIT PETITION NO. 7793 OF
2020 (L-RES), WRIT PETITION NO. 7822 OF 2020
(L-TER), WRIT PETITION NO. 7849 OF 2020 (L-RES),
WRIT PETITION NO. 7920 OF 2020 (L-RES), WRIT
PETITION NO. 7922 OF 2020 (L-RES), WRIT PETITION
NO. 7964 OF 2020 (L-RES), WRIT PETITION NO. 8043 OF
2020 (L-RES), WRIT PETITION NO. 8325 OF 2020
(L-RES), WRIT PETITION NO. 8375 OF 2020 (L-RES),
WRIT PETITION NO. 13929 OF 2020 (L-RES), WRIT
PETITION NO. 14504 OF 2020 (L-RES), WRIT PETITION
NO. 15153 OF 2020 (L-RES), WRIT PETITION NO. 15155
OF 2020 (L-RES), WRIT PETITION NO. 15286 OF 2020
(L-TER), WRIT PETITION NO. 15774 OF 2020 (L-TER),
WRIT PETITION NO. 191 OF 2021 (L-RES), WRIT
PETITION NO. 9126 OF 2021 (L-RES)
IN WRIT PETITION NO. 707 OF 2019:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
-2-
(BESCOM), K.R. CIRCLE,
BENGALURU-560 001.
2. THE EXECUTIVE ENGINEER (ELE)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
3. THE ASST. EXECUTIVE ENGINEER (O)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
SRI. SAYED KHADAR
AGED ABOUT 36 YEARS,
S/O. SYED IBRAHIM,
NO.1638/1, 1ST CROSS, VIJAYNAGAR,
BANGARPET,
KOLAR DISTRICT.
...RESPONDENT
(BY SRI. S.B. MUKKANNAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER
DATED 27.08.2018 IN REFERENCE NO.12/2017 PASSED BY THE
PRESIDING OFFICER, PRINCIPAL LABOUR COURT, BENGALURU
(PRODUCED VIDE ANENXURE-A) AND ETC.
IN WRIT PETITION NO. 704 OF 2019:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), K.R. CIRCLE,
BENGALURU-560 001.
2. THE EXECUTIVE ENGINEER (ELE)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
-3-
3. THE ASST. EXECUTIVE ENGINEER (O)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
SRI JAMES PAUL
AGED ABOUT 48 YEARS,
S/O L. DAS,
R/AT NO.1498, IRUDIA PURAM,
NEW COLONY, ROBERTSONPET, KGF,
KOLAR DISTRICT-563 117.
...RESPONDENT
(BY SRI. S.B. MUKKANNAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DTD
27.08.2018 IN REFERENCE NO.16/2017 PASSED BY THE PRESIDING
OFFICER, PRINCIPAL LABOUR COURT, BENGALURU VIDE ANNEXURE-
A AND ETC.
IN WRIT PETITION NO. 710 OF 2019:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), K.R. CIRCLE,
BENGALURU-560 001.
2. THE EXECUTIVE ENGINEER (ELE)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
3. THE ASST. EXECUTIVE ENGINEER (O)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
-4-
AND:
SH. A V RAMACHANDRAPPA
S/O VENKATESHAPPA
AGED ABOUT 43 YEARS
RESIDING AT: 4TH BLOCK
BEHIND OLD CANARA BANK
BETHAMANGALA, BANGARPET TALUK
KOLAR DISTRICT-563 117.
...RESPONDENT
(BY SRI. S.B. MUKKANNAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER
DATED 27.08.2018 IN REFERENCE NO.15/2017 PASSED BY THE
PRESIDING OFFICER, PRINCIPAL LABOUR COURT, BENGALURU
PRODUCED VIDE ANNEXURE-A AND ETC.
IN WRIT PETITION NO. 713 OF 2019:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), K.R. CIRCLE,
BENGALURU-560 001.
2. THE EXECUTIVE ENGINEER (ELE)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
3. THE ASST. EXECUTIVE ENGINEER (O)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
SRI EDWIN
AGED ABOUT 43 YEARS,
S/O ELAMPOORAM
R/AT NO.421, 4TH CROSS,
GOWTHAM NAGAR, KGF
-5-
KOLAR DISTRICT-563 117.
...RESPONDENT
(BY SRI. S.B. MUKKANNAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DTD
27.08.2018 IN REFERENCE NO.08/2017 PASSED BY THE PRESIDING
OFFICER, PRINCIPAL LABOUR COURT, BENGALURU VIDE ANNEXURE-
A AND ETC.
IN WRIT PETITION NO. 717 OF 2019:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), K.R. CIRCLE,
BENGALURU-560 001.
2. THE EXECUTIVE ENGINEER (ELE)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
3. THE ASST. EXECUTIVE ENGINEER (O)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
SRI. VENKATAPATHY
S/O VENAKTESH
AGED ABOUT 49 YEARS
NO.123, NEW ANDRA BLOCK
OPP:CHAMPION RAILWAY STATION
KGF, KOLAR DISTRICT-563 117.
...RESPONDENT
(BY SRI. S.B. MUKKANNAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER
DATED 27.08.2018 IN REFERENCE NO.14/2017 PASSED BY THE
-6-
PRESIDING OFFICER, PRINCIPAL LABOUR COURT, BENGALURU
(PRODUCED VIDE ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 721 OF 2019:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), K.R. CIRCLE,
BENGALURU-560 001.
2. THE EXECUTIVE ENGINEER (ELE)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
3. THE ASST. EXECUTIVE ENGINEER (O)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
SRI. SRINIVASAN B
S/O BALAKRISHNA
AGED ABOUT 30 YEARS
R/A 4TH BLOCK, VRS TEMPLE STREET
BETHAMANGALA OLD TOWN
BANGARPET TALUK
KOLAR DISTRICT-563 117.
...RESPONDENT
(BY SRI. S.B. MUKKANNAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD. 27.8.2018 IN REFERENCE NO.13/2017 PASSED BY THE
PRESIDING OFFICER, PRINCIPAL LABOUR COURT, BENGALURU
[PRODUCED AT ANNEXURE-A] AND ETC.
IN WRIT PETITION NO. 724 OF 2019:
BETWEEN:
1. THE MANAGING DIRECTOR
-7-
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), K.R. CIRCLE,
BENGALURU-560 001.
2. THE EXECUTIVE ENGINEER (ELE)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
3. THE ASST. EXECUTIVE ENGINEER (O)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
SRI M RAMU
AGED ABOUT 49 YEARS,
S/O LATE J MUNISWAMY,
NO.1631, 1ST CROSS,
VIJAYANAGAR, BANGARPET
KOLAR DISTRICT.
...RESPONDENT
(BY SRI. S.B. MUKKANNAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD 27.08.2018 IN REFERENCE NO.06/2017 PASSED BY THE
PRESIDING OFFICER, PRINCIPAL LABOUR COURT, BENGALURU VIDE
ANNEXURE-A AND ETC.
IN WRIT PETITION NO. 728 OF 2019:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), K.R. CIRCLE,
BENGALURU-560 001
REPRESENTED BY ITS GENERAL MANAGER.
2. THE EXECUTIVE ENGINEER (ELE)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
-8-
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
3. THE ASST. EXECUTIVE ENGINEER (O)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
SRI DINASHEKAR V
AGED ABOUT 29 YEARS,
S/O VENKATESH BABU
R/AT NO.5, NEW POLICE QUARTERS
1ST BLOCK, BETHAMANGALA
BANGARPET TALUK
KOLAR DISTRICT-563 117.
...RESPONDENT
(BY SRI. S.B. MUKKANNAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DTD
27.08.2018 IN REFERENCE NO.07/2017 PASSED BY THE PRESIDING
OFFICER, PRINCIPAL LABOUR COURT, BENGALURU VIDE ANNEXURE-
A AND ETC.
IN WRIT PETITION NO. 731 OF 2019:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), K.R. CIRCLE,
BENGALURU-560 001.
2. THE EXECUTIVE ENGINEER (ELE)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
3. THE ASST. EXECUTIVE ENGINEER (O)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
-9-
KGF-563 117.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
SRI SYED ABDUL WAHEED
S/O SYED ABDUL GAFOOR
AGED ABOUT 48 YEARS
SUKKUR COMPOUND
4TH BLOCK, OPP TO CIVIL COURT
ROBERTSONPET, KGF
KOLAR DISTRICT-563 101.
...RESPONDENT
(BY SRI. S.B. MUKKANNAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER
DATED 27.08.2018 IN REFERENCE NO.09/2017 PASSED BY THE
PRESIDING OFFICER, PRINCIPAL LABOUR COURT, BENGALURU
(PRODUCED VIDE ANNEXURE-A) AND ETC
IN WRIT PETITION NO. 734 OF 2019:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), K.R. CIRCLE,
BENGALURU-560 001.
2. THE EXECUTIVE ENGINEER (ELE)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
3. THE ASST. EXECUTIVE ENGINEER (O)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
- 10 -
SRI SRINIVASA C
AGED ABOUT 40 YEARS
S/O CHUKKAMUNIYAPPA
R/AT NO.25, KEB QUARTERS
CHAMPION REEF
KOLAR DISTRICT-563 117.
...RESPONDENT
(BY SRI. S.B. MUKKANNAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD 27.8.2018 IN REFERENCE NO.11/2017 PASSED BY THE
PRESIDING OFFICER, PRINCIPAL LABOUR COURT, BENGALURU
PRODUCED VIDE ANNEXURE-A AND ETC.
IN WRIT PETITION NO. 759 OF 2019:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), K.R. CIRCLE,
BENGALURU-560 001.
2. THE EXECUTIVE ENGINEER (ELE)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
3. THE ASST. EXECUTIVE ENGINEER (O)
BENGALURU ELECTRICITY SUPPLY COMPANY LTD.,
(BESCOM), CO & M DIVISION,
CHAMPION REEF, K.G.F. DIVISION,
KGF-563 117.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
SRI V SURESH
S/O A VENKATARAMA
CHINNAGANAHALLY
ANDERSON POST,
K G F - 563117
KOLAR DISTRICT.
...RESPONDENT
(BY SRI. S.B. MUKKANNAPPA, ADVOCATE)
- 11 -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER
DATED 27.08.2018 IN REFERENCE NO.10/2017 PASSED BY THE
PRESIDING OFFICER, PRINCIPAL LABOUR COURT, BENGALURU
(PRODUCED VIDE ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 50790 OF 2019:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-562 105.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-562 105.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-562 105.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
KRISHNAPPA M
S/O LATE MUNIVENKATAPPA
AGED ABOUT 41 YEARS,
R/O HALAGURU VILLAGE AND POST
MULBAGAL TALUK, KOLAR DISTRICT-563 131.
...RESPONDENT
(BY SRI. K. SRINIVASA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 01.04.2019 IN I.D.NO.30/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 51464 OF 2019:
- 12 -
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 101.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-563 101.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-563 101.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
MANJUNATH
S/O MUNIYAPPA
AGED ABOUT 38 YEARS,
R/O THORADI VILLAGE,
MULBAGAL TALUK, KOLAR DISTRICT-563 101.
...RESPONDENT
(BY SRI. K. SRINIVASA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 01.04.2019 IN I.D.NO.26/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 6032 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
- 13 -
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 101.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-563 101.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
M. MUNIRAJU
S/O. MUNISWAMY,
AGED ABOUT 35 YEARS,
R/O. PATRAHALLI VILLAGE,
TAYALURU HOBLI,
MULBAGAL TALUK, KOLAR DISTRICT-563 101.
...RESPONDENT
(BY SRI. K. SRINIVASA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 30.03.2019 IN I.D.NO.13/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED AT
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 6489 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 101.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
- 14 -
CHAMPION REEF, KGF
KOLAR DISTRICT-563 122.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-563 131.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
V S NAGARAJ
S/O VENKATARAMANAPPA
AGED ABOUT 36 YEARS
R/O SHETTI BANAKANAHALLI VILLAGE
MULBAGAL TALUK
KOLAR DISTRICT-563 131.
...RESPONDENT
(BY SRI. K. SRINIVASA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 30.03.2019 IN I.D.NO.24/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC
IN WRIT PETITION NO. 7085 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 101.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-563 101.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
- 15 -
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
CHANDRAPPA S
S/O SEENAPPA
AGED ABOUT 34 YEARS,
R/O ANGONDAHALLI VILLAGE AND POST
MULBAGAL TALUK KOLAR DISTRICT-563 101.
...RESPONDENT
(BY SRI. K. SRINIVASA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 01.04.2019 IN I.D.NO.33/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 7089 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 101.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-563 101.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-563 101.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
RAJASHEKAR B S
S/O B L SUBRAMANI,
AGED ABOUT 24 YEARS,
R/O BYRAKURU VILLAGE AND POST,
MULBAGAL TALUK, KOLAR DISTRICT-563 101.
- 16 -
...RESPONDENT
(BY SRI. K. SRINIVASA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 30.03.2019 IN I.D.NO.18/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 7381 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 101.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-563 122.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-563 131.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
MANJUNATHA N
S/O NARAYANAPPA
AGED ABOUT 30 YEARS
R/O PATRALLI VILLAGE
NANGALI POST
MULBAGAL TALUK
KOLAR DISTRICT-563 131
...RESPONDENT
(BY SRI. K. SRINIVASA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.
30.3.2019 IN I.D.NO.23/2017 PASSED BY THE PRINCIPAL DISTRICT
- 17 -
AND SESSIONS JUDGE KOLAR (PRODUCED VIDE ANNEXURE-A) AND
ETC.
IN WRIT PETITION NO. 7612 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 101.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-563 122.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-563 131.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
HANUMAPPA S
S/O. SUBBANNA,
AGED ABOUT 36 YEARS,
R/O. PEDAKASTHI VILLAGE,
EMMENATHA POST,
MULBAGAL TALUK,
KOLAR DISTRICT-563 131.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
01.04.2019 IN I.D.NO.31/2017 PASSED BY THE PRINCIPAL DISTRICT
AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE ANNEXURE-A) AND
ETC.
IN WRIT PETITION NO. 7792 OF 2020:
- 18 -
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 113.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-563 113.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
O & M SUB DIVISION, BESCOM
KOLAR -563 113.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
NARASIMHA N K
AGED 32 YEARS
S/O KADRIAPPA
R/O NAGANAYAKANAHALLI VILLAGE
GUMMAREDDIPURA POST
KOLAR TALUK AND DISTRICT-563 113.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 07.12.2018 IN I.D.NO.16/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 7793 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
- 19 -
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 113.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-563 113.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-563 113.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
BT SATISH
S/O THIPPANNA
AGED ABOUT 37 YEARS
R/O BELLAMBALLI VILLAGE
MULBAGAL TALUK
KOLAR DISTRICT-563 113.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 30.03.2019 IN I.D.NO.19/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 7822 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 113.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
- 20 -
KOLAR DISTRICT-563 113.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-563 113.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
V RAGHUNATH
S/O. VENKATARAMAPPA,
AGED ABOUT 38 YEARS,
R/O. HANUMANAHALLI,
MULBAGAL TALUK,
KOLAR DISTRICT-563 113.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 30.03.2019 IN I.D.NO.14/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 7849 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
- 21 -
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
PRAKASH S
S/O SRINIVASA,
AGED ABOUT 25 YEARS
R/O AMBEDKAR NAGAR,
NEAR JAYALAKSHMI TALKIES,
MULBAGAL TALUK, KOLAR DISTRICT-563 131.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 01.04.2019 IN I.D.NO.29/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 7920 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 101.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-563 101.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGILU DIVISION, BESCOM
KOLAR DISTRICT-563 101.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
N JAGADEESHA
S/O NARAYANAPPA
AGED ABOUT 33 YEARS
- 22 -
R/O PALARAHALLI VILLAGE
NUNGLI POST
MULABAGILU TALUK
KOLAR DISTRICT-563 101.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD 06.12.2018 IN ID NO.9/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR VIDE ANNEXURE-A AND
ETC.
IN WRIT PETITION NO. 7922 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 113.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-563 113.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-563 113.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
MANJUNATHA V
S/O VENKATARAMANAPPA
AGED 30 YEARS,
R/O T. AGARA VILLAGE, TAYALUR POST,
MULBAGAL TALUK, KOLAR DISTRICT-563 113.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
- 23 -
DTD 01.04.2019 IN I.D.NO.35/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR VIDE ANNEXURE-A AND
ETC.
IN WRIT PETITION NO. 7964 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 113.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-563 113.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-563 113.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
AMARESHA C
S/O CHANDRAPPA,
AGED ABOUT 32 YEARS,
R/O VIRUPAKSHI VILLAGE,
MULBAGAL TALUK
KOLAR DISTRICT-563 113.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD. 30.3.2019 IN ID NO.21/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 8043 OF 2020:
BETWEEN:
- 24 -
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 113.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-563 113.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-563 113.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
SM SUBRAMANI
S/O MUNIYAPPA
AGED ABOUT 39 YEARS,
R/O SHETTI BANAKANAHALLI VILLAGE,
MULBAGAL TALUK, KOLAR DISTRICT-563 113.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD. 30.3.2019 IN ID NO.22/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR PRODUCED VIDE
ANNEXURE-A AND ETC.
IN WRIT PETITION NO. 8325 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
- 25 -
O AND M DIVISION
BESCOM, KOLAR.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
VENKATESHAPPA N H
S/O HANUMANTHAPPA
R/O NAGANAHALLI VILLAGE
BYRAKUR HBLI,
MULBAGAL TALUK, KOLAR DISTRICT.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
30.03.2019 IN I.D.NO.15/2017 PASSED BY THE PRINCIPAL DISTRICT
AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE ANNEXURE-A) AND
ETC.
IN WRIT PETITION NO. 8375 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009,
REPRESENTED BY ITS GENERAL MANAGER.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 101.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-563 101.
- 26 -
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-563 101.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
A V BABU
S/O. G.R. VENKATARAMANAPPA,
AGED ABOUT 35 YEARS,
R/AT AMBALIKAR AT AND POST,
MULBAGAL TALUK, KOLAR DISTRICT-563 101.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 30.03.2019 IN I.D.NO.12/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 13929 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BESCOM, KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 101.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-563 101.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULABAGILU DIVISION, BESCOM
KOLAR DISTRICT-563 101.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
- 27 -
M SRINIVASA
S/O. MUNIKRISHNAPPA,
AGED ABOUT 29 YEARS,
R/O. ANNENAHALLI VILLAGE,
GUMMARADDI PURA POST,
KOLAR DISTRICT-563 101.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 07.12.2018 IN I.D.NO.11/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 14504 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-562 105.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-562 105.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-562 105.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
NAVEEN KUMAR
S/O. T. N. KRISHNAPPA,
AGED ABOUT 28 YEARS,
R/O. YELACHIPURA VILLAGE,
KAMADEVANAHALLI POST,
KOLAR TALUK,
- 28 -
KOLAR DISTRICT-562 105.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 07.12.2018 IN I.D.NO.32/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 15153 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-562 105.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-562 105.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-562 105.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
C VENKATARAM
S/O. CHANGAPPA,
AGED ABOUT 43 YEARS,
R/O. PATRALLI, NANGALI POST,
MULBAGAL TALUK,
KOLAR DISTRICT-562 105.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 27.12.2019 IN I.D.NO.17/2017 PASSED BY THE PRINCIPAL
- 29 -
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 15155 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BESCOM, KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-562 105.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-562 105.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULABAGILU DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-562 105.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
SYED SHAEIKLAL
S/O. SYED BAHADUL ALISHA,
AGED ABOUT 37 YEARS,
R/O. HOSAPALYA,
MULABAGAL TALUK,
KOLAR DISTRICT-562 105.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD
DATED 06.12.2018 IN I.D.NO.10/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 15286 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
- 30 -
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-562 105.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-562 105.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-562 105.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
M SRIRAMA
S/O MARAPPA
AGED ABOUT 34 YEARS
R/O T AGARA VILLAGE, TAYALUR POST
MULBAGAL TALUK, KOLAR DISTRICT - 562105.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 01.04.2019 IN I.D.NO.27/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR VIDE ANNEXURE-A AND
ETC.
IN WRIT PETITION NO. 15774 OF 2020:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 101.
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3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-563 122.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-563 131.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
1. LATE M RAVI
S/O LATE MUNIYAPPA
AGED ABOUT 35 YEARS,
R/O PATRALLI VILLAGE,
NAGALI POST, MULBAGAL TALUK
KOLAR DISTRICT-563 131.
BY HIS LRS
1A. SMT. JYOTHI
W/O LATE M. RAVI
AGED ABOUT 35 YEARS
1B. MASTER R. PAVAN
S/O LATE M. RAVI
AGED ABOUT 09 YEARS
1C. KUM. R. VARSHA
D/O LATE M. RAVI
AGED ABOUT 08 YEARS
SINCE THE RESPONDENTS 2 AND 3
ARE MINORS, THEY ARE REPRESENTED
BY THEIR
MOTHER AND NATURAL GUARDIAN
SMT. JYOTHI.
ALL ARE RESIDING AT
PATRALLI VILLAGE
NANGI POST, MULBAGILU TALUK
KOLAR DISTRICT-563 131.
...RESPONDENTS
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
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30.03.2019 IN I.D. NO.20/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 191 OF 2021:
BETWEEN:
1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-562 105.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-562 105.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-562 105.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
RAMAKRISNAPPA M
S/O MUNISHAMAPPA
AGED ABOUT 29 YEARS
R/O T. AGARA VILLAGE
TAYALUR POST, MULBAGAL TALUK
KOLAR DISTRICT-562 105.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 01.04.2019 IN I.D.NO.34/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO. 9126 OF 2021:
BETWEEN:
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1. THE MANAGING DIRECTOR
BENGALURU ELECTRICIY SUPPLY COMPANY LTD.,
(BESCOM), KAUVERY BHAVAN,
BENGALURU-560 009.
2. THE EXECUTIVE ENGINEER (ELEC.)
O AND M DIVISION
BESCOM, KOLAR-563 113.
3. THE EXECUTIVE ENGINEER
KGF DIVISION, BESCOM
CHAMPION REEF, KGF
KOLAR DISTRICT-563 113.
4. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
MULBAGAL SUB DIVISION, BESCOM
MULBAGAL, KOLAR DISTRICT-563 113.
...PETITIONERS
(BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
NAGABHUSHAN A
S/O ANNAYYAPPA
AGED ABOUT 31 YEARS
R/O SONNAVADI VILLAGE
MULBAGAL TALUK,
KOLAR DISTRICT-563 113.
...RESPONDENT
(BY SRI. SRINIVASA K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 30.03.2019 IN I.D NO. 25/2017 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, KOLAR (PRODUCED VIDE
ANNEXURE-A) AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Since the issues involved in these petitions are similar , they are taken up and heard together and disposed of by common order.
2. The respondents - workmen filed claim petitions under Section 10(1)C) of the Industrial Disputes Act, 1947 to set aide the oral termination dated 26.3.2017 passed by the petitioners herein and to direct the petitioners to reinstate the workmen into service with continuity of service and with all benefit flowing from the order of reinstatement including the back wages.
3. The Labour Court by the impugned awards set aside the oral termination and directed the petitioners herein to reinstate the workmen into service with all benefits flowing from the order of reinstatement, but without back wages.
4. Sri S.S. Naganand, learned Senior counsel for the petitioners would make the following submission:
i) The respondents - workmen were directly employed by the contractor and the petitioners had no control over, in any manner, the task performed by the respondents - workmen. He further submits that the payments were made directly to the workmen by the contractor and not by the petitioners. He further submits that the workmen were employed by the contractor to whom work was entrusted for Operation and Maintenance Section under contract. Hence, he submits that in the absence of any jural relationship of employer and
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employee between the petitioners and respondents, the disputes raised by workmen against the Petitioners were not maintainable.
ii) He further submits that the respondent - workmen were not appointed to sanctioned vacant posts by following due to procedure of law so as to be entitled for regularisation of their services. In support, he places reliance on the following decisions of the Apex Court:
1) Secretary, State of Karnataka and others -vs- Umadevi (3) and others (2006) 4 SCC.
2) Union of India and others -vs- Ilmo Devi and another (2021 SCC OnLIne SC 899).
5. Mr. S.B. Mukkannappa, learned counsel for the respondents workmen submits that the Management witness MW.1 has categorically admitted that the workmen were employed as workmen in the O & M Station Kolar Sub-Division of the petitioner-BESCOM, since 2003 till 2015 and the payment were made through the residuary account of the petitioners. He further submits that the Labour Court after examining the evidence on record has rightly held that the Management has failed to establish that the workmen were employed under the contractor. He further submits that the respondent-workmen having been employed by the petitioner cannot be terminated from service stating that they were working/employed by the contractor. In support, he places reliance on the decision of the Hon'ble Supreme Court in the case of Workmen of Food
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Corporation of India -vs- Food Corporation of India (1985) 2 SCC 136. Hence, he submits that the impugned award passed by the Labour Court does not warrant any interference.
6. He further submits that Ex.W3 which was produced in reference No. 29/2016 on the file of the Labour Court, Bengaluru, indicates that since 2003 till March 2015, the payment to the Gangmen working in the Kolar sub-division were paid through residual account of the Petitioners- Management.
7. Considered the submissions made by the learned counsel for the parties and perused the material on record.
8. The Management Witness viz: MW.1 in the cross examination has stated that she is working as Assistant Executive Engineer, BESCOM, KGF for the last one and half year and the Zonal Service Station was opened in KGF in the year 2003 and from the date of the opening of zonal service station, nine gangmen and two telephone operators were working in it. She further admitted the suggestion that Junior Engineer and Assistant Executive Engineer were supervising the work of gangmen and telephone operators. In para 15 of cross examination, MW.1 has categorically admitted the suggestion that since the date of opening of the zonal service station in the year 2003 till their termination in 2015, the workmen continuously worked in the said station at KGF and their payments were made through the residual account of the Management. She further stated that, to that effect, records
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are available in their office and there is no impediment for them to produce the said documents before this Court.
9. The Management to prove its case that the workmen were employed through the contractor has produced documents Exs.M1 and M2. M1 is the contract order dated 19.12.2013 issued in favor of M/s Lakshmi Enterprises, Kolar for providing 11 workmen for service of KGF sub-division and the contract period is for a period of 5 months. Ex.M2 is the memorandum issued by the Executive Engineer, BESCOM, KGF sub-division.
10. Ex.W.3 which was produced in reference No.29/2016 indicates that since 2003 till March 2015, the wages to the gangmen working in Kolar sub-division were paid through the residual account of the petitioner.
11. The contract order at Annexure-M indicates that work was entrusted to M/s.Lakshmi Enterprises for providing eleven numbers of Project Assistant-III to 24 x 7 service station of KGF Sub-Division on contract basis for a total period of five months from 1.11.2013 to 31.3.2014 and the terms and conditions in the contract specifies that the contractor shall pay the salary to the workmen and also EPF, ESI, Service Tax etc. However, the petitioner has not produced any document to substantiate that the respondent - workmen were employed and working under the contractor and also wages were paid by the contractor, but on the contrary has categorically admitted that the wages were paid from the residuary account of the petitioner - company.
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12. The Hon'ble supreme Court in the case of Workmen of Food Corporation of India (supra) has held that when the workmen working under an employer are told that they ceased to be the workmen of that employer, and have become workmen of another employer, viz: the contractor, in legal parlance such an act of the first employer constitutes discharge, termination of service or retrenchment by whatsoever name called and a fresh employment by another employer, viz: the contractor.
13. The order dated 10.10.2003 passed by the General Manager (Technical), BESCOM at Annexure-D in WP No.707/2019 indicates that, Zonal Service Station at KGF was established in 2003 and approval was granted to appoint nine gangmen and two telephone operators on shift basis. The MW1 has categorically admitted that the respondent worked in the KGF station from the date of opening in the year 2003 till their termination in 2015 continuously.
14. The respondent-workmen have categorically stated that they were employed as gangmen in the year 2003, and they continued to work till 2015. However, the Management unilaterally terminated the services of the workmen in the year 2015.
15. Though the respondents-workmen have not produced any documents to indicate that they were employed by the Management and also the wage slips for having received the wages from the Management, but the Management witness
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has categorically admitted that the workmen were working since 2003 till 2015 and also that the payments were made through the residual account of the Management.
16. I have gone through the decisions relied upon by the learned Senior counsel for the petitioner. There is no quarrel with the proposition of law laid down therein, however, the authorities are not applicable to the facts of the present case, since the workmen in their claim petitions had not sought for regularization of their services or such a relief was granted by the Labour Court.
17. The Labour Court after examining the evidence on record in a proper perspective has rightly held that there exists a jural relationship of employer and employee between the petitioners and respondent-workmen. The finding recorded by the Labour Court is based on the evidence on record and it cannot be said to be based on no evidence or improper evidence. In the absence of perversity or arbitrariness in the finding recorded by the Labour Court, I do not find any illegality in the impugned award passed by the Labour Court.
Accordingly, the writ petitions stand dismissed.
Sd/-
JUDGE HR