Karnataka High Court
Sri. Kamalakara B vs The State Of Karnataka on 23 September, 2022
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.7061 OF 2021(GM-PP)
C/W
WRIT PETITION Nos.6341/2021,7008/2021,
7011/2021, 7058/2021,7059/2021, 7062/2021,
7063/2021, 7065/2021, 7066/2021, 7068/2021,
7069/2021, 7071/2021, 7072/2021, 7074/2021,
7113/2021, 8937/2021(GM-PP)
IN W.P.NO.7061/2021:
BETWEEN:
SRI. BASAVASHETTY S. K.,
S/O KALASHETTY,
AGED ABOUT 58 YEARS,
R/O QUARTERS NO. IMP - 9/274,
PAPER TOWN, BHADRAVATHI - 577 302.
...PETITIONER
(BY SRI.VIGHNESHWAR S SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE MANAGING DIRECTOR,
REPRESENTED BY ITS
M/S MYSORE PAPER MILLS LTD.,
2
(GOVT OF KARNATAKA UNDERTAKING)
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD, BENGALURU - 560 001.
3. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SRI.VINOD KUMAR M, AGA FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD. 29.01.2021 PASSED BY THE HONBLE IV ADDL.
DISTRICT AND SESSIONS JUDGE SHIVAMOGGA, SITTING AT
BHADRAVATHI IN MIS APPEAL NO.5015/2020 MARKED AT
ANNX-A AND ETC.,
IN W.P.NO.6341/2021:
BETWEEN:
SRI. KAMALAKARA B,
S/O LATE BYATAPPA SHEETY,
AGED ABOUT 60 YEARS,
R/O QUARTERS NO.N.B.8/63,
PAPER TOWN, BHADRAVATHI-577 302.
...PETITIONER
(BY SRI. VIGHNESHWAR S SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
3
2. M/S MYSORE PAPER MILLS LTD.,
(GOVT OF KARNATAKA UNDERTAKING),
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD, BENGALURU - 560 001.
REPRESENTED BY ITS MANAGING DIRECTOR,
3. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SRI. VINOD KUMAR M, AGA FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD. 29.01.2021 PASSED BY THE HONBLE IV ADDL.
DISTRICT AND SESSIONS JUDGE SHIMOGA, SITTING AT
BHADRAVATHI IN MIS APPEAL NO.5017/2020 MARKED AT
ANNX-A AND ETC.,
IN W.P.NO.7008/2021:
BETWEEN:
SRI. SUNDARESH R,
S/O S RANGAIAH,
AGED ABOUT 60 YEARS,
R/O QUARTERS NO. K-2/133,
PAPER TOWN, BHADRAVATHI - 577 302.
...PETITIONER
(BY SRI. VIGHNESHWAR S SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
4
2. THE MANAGING DIRECTOR,
REPRESENTED BY ITS
M/S MYSORE PAPER MILLS LTD.,
(GOVT OF KARNATAKA UNDERTAKING)
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD, BENGALURU - 560 001.
3. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SRI. VINOD KUMAR M, AGA FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD 29.01.2021 PASSED BY THE HONBLE IV ADDL.
DISTRICT AND SESSIONS JUDGE SHIVAMOGGA, SITTING AT
BHADRAVATHI IN MIS APPEAL NO.5003/2021 VIDE ANNX-A
AND ETC.,
IN W.P.NO.7011/2021:
BETWEEN:
SRI. VENKATESH B. K.,
S/O LATE R KRISHNAIAH
AGED ABOUT 58 YEARS,
R/O QUARTERS NO. H.A.5/88
PAPER TOWN, BHADRAVATHI - 577 302.
...PETITIONER
(BY SRI. VIGHNESHWAR S SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
5
2. THE MANAGING DIRECTOR,
REPRESENTED BY ITS
M/S MYSORE PAPER MILLS LTD.,
(GOVT OF KARNATAKA UNDERTAKING)
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD, BENGALURU - 560 001.
3. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SRI. VINOD KUMAR M, AGA FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD 29.01.2021 PASSED BY THE HONBLE IV ADDL.
DISTRICT AND SESSIONS JUDGE SHIVAMOGGA, SITTING AT
BHADRAVATHI IN MIS APPEAL NO.5012/2020 VIDE ANNX-A
AND ETC.,
IN W.P.NO.7058/2021:
BETWEEN:
SRI. RAVIKUMAR K. S.
S/O LATE SATHYANARAYANACHAR,
AGED ABOUT 61 YEARS,
R/O QUARTERS NO FA-1/65,
PAPER TOWN, BHADRAVATHI - 577 302.
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
6
2. THE MANAGING DIRECTOR,
REPRESENTED BY ITS
M/S MYSORE PAPER MILLS LTD.,
(GOVT OF KARNATAKA UNDERTAKING)
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD, BENGALURU - 560 001.
3. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SRI.VINOD KUMAR M, AGA FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD. 29.01.2021 PASSED BY THE HONBLE IV ADDL.
DISTRICT AND SESSIONS JUDGE SHIVAMOGGA, SITTING AT
BHADRAVATHI IN MIS APPEAL NO.5027/2020 MARKED AT
ANNX-A AND ETC.,
IN W.P.NO.7059/2021:
BETWEEN:
SRI. S. N. VENKATARAMAIAH,
S/O LATE NARAYANA. N,
AGED ABOUT 60 YEARS,
R/O QUARTERS NO.B-7/21 AND 23,
PAPER TOWN, BHADRAVATHI - 577 302.
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
7
2. THE MANAGING DIRECTOR,
REPRESENTED BY ITS
M/S MYSORE PAPER MILLS LTD.,
(GOVT OF KARNATAKA UNDERTAKING)
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD, BENGALURU - 560 001.
3. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SRI.B V KRISHNA, AGA FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD. 29.01.2021 PASSED BY THE HONBLE IV ADDL.
DISTRICT AND SESSIONS JUDGE SHIVAMOGGA, SITTING AT
BHADRAVATHI IN MIS APPEAL NO.5009/2020 MARKED AT
ANNX-A AND ETC.,
IN W.P.NO.7062/2021:
BETWEEN:
SRI. RANGASWAMY,
S/O. LATE VENKATAPPA,
AGED ABOUT 57 YEARS,
R/O. QUARTERS NO. I.M.P.H-3/127 AND 128,
PAPER TOWN, BHADRAVATHI-577 302.
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
8
2. THE MANAGING DIRECTOR,
REPRESENTED BY ITS
M/S MYSORE PAPER MILLS LTD.,
(GOVT OF KARNATAKA UNDERTAKING)
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD, BENGALURU - 560 001.
3. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SRI.B V KRISHNA, AGA FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD. 29.01.2021 PASSED BY THE HONBLE IV ADDL.
DISTRICT AND SESSIONS JUDGE SHIVAMOGGA, SITTING AT
BHADRAVATHI IN MIS APPEAL NO.5010/2020 MARKED AT
ANNX-A AND ETC.,
IN W.P.NO.7063/2021:
BETWEEN:
SRI. B. P. GANGAPPA,
S/O LATE PUTTEGOWDA,
AGED ABOUT 62 YEARS,
R/O QUARTERS NO.FA-1/124,
PAPER TOWN, BHADRAVATHI - 577 302.
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
9
2. THE MANAGING DIRECTOR,
REPRESENTED BY ITS
M/S MYSORE PAPER MILLS LTD.,
(GOVT OF KARNATAKA UNDERTAKING)
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD, BENGALURU - 560 001.
3. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SRI.B V KRISHNA, AGA FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD. 29.01.2021 PASSED BY THE HONBLE IV ADDL.
DISTRICT AND SESSIONS JUDGE SHIVAMOGGA, SITTING AT
BHADRAVATHI IN MIS APPEAL NO.5011/2020 MARKED AT
ANNX-A AND ETC.,
IN W.P.NO.7065/2021:
BETWEEN:
SRI. JESU BURNARD,
S/O CHOWRIMUTHU,
AGED ABOUT 56 YEARS,
R/O QUARTERS NO.B-9/193 AND 195,
PAPER TOWN, BHADRAVATHI - 577 302.
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
10
2. THE MANAGING DIRECTOR,
REPRESENTED BY ITS
M/S MYSORE PAPER MILLS LTD.,
(GOVT OF KARNATAKA UNDERTAKING)
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD, BENGALURU - 560 001.
3. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SRI.B V KRISHNA, AGA FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD. 29.01.2021 PASSED BY THE HONBLE IV ADDL.
DISTRICT AND SESSIONS JUDGE SHIVAMOGGA, SITTING AT
BHADRAVATHI IN MIS APPEAL NO.5013/2020 MARKED AT
ANNX-A AND ETC.,
IN W.P.NO.7066/2021:
BETWEEN:
SRI. PUSHPARAJ B. L,
S/O LATE LINGAIAH,
AGED ABOUT 62 YEARS,
R/O QUARTERS NO. H.A 9/10,
PAPER TOWN, BHADRAVATHI - 577 302.
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
11
2. THE MANAGING DIRECTOR,
REPRESENTED BY ITS
M/S MYSORE PAPER MILLS LTD.,
(GOVT OF KARNATAKA UNDERTAKING)
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD, BENGALURU - 560 001.
3. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SRI.B V KRISHNA, AGA FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD. 29.01.2021 PASSED BY THE HONBLE IV ADDL.
DISTRICT AND SESSIONS JUDGE SHIVAMOGGA, SITTING AT
BHADRAVATHI IN MIS APPEAL NO.5024/2020 MARKED AT
ANNX-A AND ETC.,
IN W.P.NO.7068/2021:
BETWEEN:
SRI. NAGARAJAIAH H. S,
S/O LATE SHIVALINGAIAH,
AGED ABOUT 61 YEARS,
R/O QUARTERS NO. B T 6/2,
PAPER TOWN, BHADRAVATHI - 577 302.
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
12
2. THE MANAGING DIRECTOR,
REPRESENTED BY ITS
M/S MYSORE PAPER MILLS LTD.,
(GOVT OF KARNATAKA UNDERTAKING)
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD, BENGALURU - 560 001.
3. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD. 29.01.2021 PASSED BY THE HONBLE IV ADDL.
DISTRICT AND SESSIONS JUDGE SHIVAMOGGA, SITTING AT
BHADRAVATHI IN MIS APPEAL NO.5025/2020 MARKED AT
ANNX-A AND ETC.,
IN W.P.NO.7069/2021:
BETWEEN:
SRI. U. N. SUBRAMANI,
S/O LATE U M NANJUNDA,
AGED ABOUT 58 YEARS,
R/O QUARTERS NO.B-9/194,
PAPER TOWN, BHADRAVATHI - 577 302.
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
13
2. THE MANAGING DIRECTOR,
REPRESENTED BY ITS
M/S MYSORE PAPER MILLS LTD.,
(GOVT OF KARNATAKA UNDERTAKING)
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD, BENGALURU - 560 001.
3. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD. 29.01.2021 PASSED BY THE HONBLE IV ADDL.
DISTRICT AND SESSIONS JUDGE SHIVAMOGGA, SITTING AT
BHADRAVATHI IN MIS APPEAL NO.5022/2020 MARKED AT
ANNX-A AND ETC.,
IN W.P.NO.7071/2021:
BETWEEN:
SRI. MUDALAGIRIAIAH
S/O LATE THAMMAIAH,
AGED ABOUT 61 YEARS,
R/O QUARTERS NO.B T 6/48 & 46,
PAPAER TOWN, BHADRAVATHI-577 302.
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
14
2. THE MANAGING DIRECTOR,
REPRESENTED BY ITS
M/S MYSORE PAPER MILLS LTD.,
(GOVT OF KARNATAKA UNDERTAKING)
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD, BENGALURU - 560 001.
3. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DTD. 29.01.2021 PASSED BY THE
HONBLE IV ADDL. DISTRICT AND SESSIONS JUDGE
SHIVAMOGGA, SITTING AT BHADRAVATHI IN MIS APPEAL
NO.5023/2020 MARKED AT ANNX-A AND ETC.,
IN W.P.NO.7072/2021:
BETWEEN:
SRI. H. NANJUNDAIAH,
S/O LATE HANUMAIAH,
AGED ABOUT 62 YEARS,
R/O QUARTERS NO. FA-1/124,
PAPER TOWN, BHADRAVATHI - 577 302.
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
15
2. THE MANAGING DIRECTOR,
REPRESENTED BY ITS
M/S MYSORE PAPER MILLS LTD.,
(GOVT OF KARNATAKA UNDERTAKING)
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD, BENGALURU - 560 001.
3. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD. 29.01.2021 PASSED BY THE HONBLE IV ADDL.
DISTRICT AND SESSIONS JUDGE SHIVAMOGGA, SITTING AT
BHADRAVATHI IN MIS APPEAL NO.5002/2020 MARKED AT
ANNX-A AND ETC.,
IN W.P.NO.7074/2021:
BETWEEN:
SRI. B. M. YOGARAJ,
S/O MARULAPPA,
AGED ABOUT 59 YEARS,
R/O QUARTERS NO. FA-1/158,
PAPER TOWN, BHADRAVATHI - 577 302.
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
16
2. THE MANAGING DIRECTOR,
REPRESENTED BY ITS
M/S MYSORE PAPER MILLS LTD.,
(GOVT OF KARNATAKA UNDERTAKING)
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD, BENGALURU - 560 001.
3. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD. 29.01.2021 PASSED BY THE HONBLE IV ADDL.
DISTRICT AND SESSIONS JUDGE SHIVAMOGGA, SITTING AT
BHADRAVATHI IN MIS APPEAL NO.5016/2020 MARKED AT
ANNX-A AND ETC.,
IN W.P.NO.7113/2021:
BETWEEN:
SRI. AMALANANDAN,
S/O LATE RAJASUNDAR,
AGED ABOUT 59 YEARS,
R/O QUARTERS NO. H.A.-5/85 & 86,
PAPER TOWN, BHADRAVATHI - 577 302.
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
17
2. THE MANAGING DIRECTOR,
REPRESENTED BY ITS
M/S MYSORE PAPER MILLS LTD.,
(GOVT OF KARNATAKA UNDERTAKING)
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD,
BENGALURU - 560 001.
3. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD.29.01.2021 PASSED BY THE HONBLE IV ADDL
DISTRICT AND SESSIONS JUDGE SHIVAMOGGA SITTING AT
BHADRAVATHI IN MIS APPEAL NO.5019/2020 MARKED AT
ANENXURE-A AND ETC.,
IN W.P.NO.8937/2021:
BETWEEN:
1. SRI.C.NAGARAJA,
S/O LATE CHANNAIAH,
AGED ABOUT 52 YEARS,
RESIDING AT NO.7/116-114,
PAPER TOWN, BHADRAVATI - 577 302.
2. SRI.R.RANGAMMA,
S/O LATE RANGAPPA,
AGED ABOUT 61 YEARS,
RESIDING AT NO.7/160,
PAPER TOWN, BHADRAVATI - 577 302.
18
3. SRI.R.SUNDRESHA,
S/O LATE S SANGAIAH,
AGED ABOUT 60 YEARS,
RESIDING AT NO.2/133,
PAPER TOWN,
BHADRAVATI - 577 302.
4. SRI.N.R.SHESHAGIRIRAO,
S/O LATE A N RAMARAO,
AGED ABOUT 53 YEARS,
RESIDING AT NO.2/22,
G BLOCK, PAPER TOWN,
BHADRAVATI - 577 302.
5. SRI.H.S.NAGARAJAIAH,
S/O LATE SHIVALINGAIAH,
AGED ABOUT 61 YEARS,
RESIDING AT NO.6/02,
PAPER TOWN,
BHADRAVATI - 577 302.
6. SRI.RAJAPPA D,
S/O LATE DURGAPPA,
AGED ABOUT 62 YEARS,
RESIDING AT NO.FA 1/122,
PAPER TOWN, BHADRAVATI - 577 302.
(ALL PETITIONERS NO.1 TO 6 ARE VRS TAKEN
EMPLOYEES OF M/S MYSORE PAPER MILLS,
BHADRAVATHI)
...PETITIONERS
(BY SRI. VIGNESHWAR S. SHASTRI, SENIOR COUNSEL A/W
SRI. MARUTHI G B, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
3RD FLOOR, VIDHANA SOUDHA,
DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
19
2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF LABOUR,
VIKASA SOUDHA, DR.AMBEDKAR VEEDHI,
BENGALURU - 560 001.
3. M/S MYSORE PAPER MILLS LTD.,
(GOVT OF KARNATAKA UNDERTAKING)
NO.32, 1ST FLOOR, B DEVARAJ URS ROAD,
RACE COURSE ROAD, BENGALURU - 560 001.
REPRESENTED BY ITS
MANAGING DIRECTOR,
4. SENIOR MANAGER AND ESTATE OFFICER
MYSORE PAPER MILLS LTD.,
PAPER TOWN (POST),
BHADRAVATHI - 577 302.
SHIVAMOGGA DISTRICT.
... RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP FOR R1;
SRI. PRASHANTH B R, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTICE DATED 14.07.2020 PERTAINING TO HOUSE
NO.7/114-116 ISSUED TO THE PETITIONER NO.1 AT
ANNEXURE-P , NOTICE DATED 13.07.2020 PERTAINING TO
HOUSE NO.B7/159-160 ISSUED TO THE PETITIONER NO.2 AT
ANNEXURE-P1, NOTICE DATED 13.07.2020 PERTAINING TO
HOUSE NO.2/133 ISSUED TO THE PETITIONER NO.3 AT
ANNEXURE-P2, NOTICE DATED 13.07.2020 PERTAINING TO
HOUSE NO.2/22 ISSUED TO THE PETITIONER NO.4 AT
ANNEXURE-P3, NOTICE DATED 14.07.2020 PERTAINING TO
HOUSE NO.6/2 ISSUED TO THE PETITIONER NO.5 AT
ANNEXURE-P4, NOTICE DATED 13.07.2020 PERTAINING TO
HOUSE NO.FA-1/122 ISSUED TO THE PETITIONER NO.6 AT
ANNEXURE-P5, ISSUED BY THE R4 AND QUASH THE ALL
FURTHER PROCEEDINGS PURSUANT TO THE SAID NOTICES,
RELATING TO THE SAID HOUSES ALL SITUTATED AT PAPER
TOWN, BHADRAVATHI, SHIMOGGA DISTRICT AND ETC.,
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
20
ORDER
The petitioners who have quit the employment on a Voluntary Retirement Service (hereafter VRS) basis are grieving before the Writ Court against the orders of eviction made by the competent authority under Section 3 of the Karnataka Public premises (Eviction of Unauthorised Occupants) Act, 1974 and the appellate orders made by the jurisdictional District Judge u/s.10 affirming the said eviction orders.
2. Learned Sr. Advocate appearing for the petitioners submits that the delay in vacating the premises in question was because the employer did not settle all VRS benefits despite demand and that is a justifiable cause for his clients not vacating the premises. He also finds fault with the levy of penalty by the authorized officer whose orders came to be affirmed in appeal as mentioned above.
3. Learned Panel counsel appearing for the Respondent Nos. 2 & 3 vehemently opposes the 21 petitions making submission in justification of the impugned order and the reasons on which they have been structured. He points out that an employee who has opted for VRS cannot justify squatting on public premises on the ground that it forms part of VRS benefits when it was not. He also justifies the levy of penalty as a matter of policy for potentially deterring such squatters from continuing in the occupation of public property. So contending, he seeks dismissal of these petitions.
5. Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant a limited indulgence in the matter as under and for the following reasons:
a) The Rajasthan High Court in the case of MOHAMMED YUNUS vs. URBAN IMPROVEMENT TRUST, JODHPUR, AIR 1999 Raj 334 has held that the law relating to eviction of unauthorized occupants from the public premises is intended to effectuate the public policy and therefore, the unauthorized persons cannot squat on 22 the property longer than permissible. That is the view of Apex Court in a catena of decisions and it should animate proceedings of the kind. The Authorized Officer having directed the eviction and his orders having been affirmed in appeal by the District Judge, much indulgence cannot be granted by this Court exercising a limited supervisory jurisdiction under Article 227 of the Constitution India, 226 having been ornamentally employed in the pleadings vide SADHANA LODH vs. NATIONAL INSURANCE CO. LTD., (2003) 3 SCC 523, more particularly when despite long arguments, the errors are not demonstrated.
b) The above having been said, there is yet another aspect which needs consideration; ideally speaking, all the petitioners ought to have vacated the premises in question in a time bound way. The human difficulties being what they are at times some leniency needs to be shown by the employer and more particularly when the employing agency happens to be the one answering the definition of 'other authorities' under 23 Article 12 of the Constitution as held by the Apex Court in STATE OF KERALA & OTHERS Vs. M PADMANABHAN NAIR, AIR 1985 SC 356. In this background, it is necessary that a golden balance should be struck between the claim of the petitioners on the one side and that of the Respondent Nos. 2 & 3 on the other, in the sense that the levy of penalty has to take into account the interest otherwise payable for the amount belatedly paid by the employer. This aspect having not been discussed in the impugned order, some path forward has to be chartered.
In the light of the above, these petitions are disposed off with the following directions:
i) The Statement made by the petitioners in W.P.No. 7062/2021, W.P.No.7068/2021, W.P.No.7069/2021, W.P.no.7072/2021 & W.P.No.7074/2021 who have not vacated the premises are directed to vacate peaceably and deliver possession 24 of the subject premises to the respondent on or before 31.10.2022. Memo filed by them reads:
"The undersigned Advocate for the petitioners submit that petitioner in the above cases are hereby undertake to vacate the premises on or before 31.10.2022 in the interest of justice & equity." (sic) Failing the respondent can employ police force to physically remove them.
ii) Rest of the petitioners having already vacated may make a representation to the Respondent Nos. 2 & 3 seeking marginal reduction of penalty amount and also setting of 12% interest on the delayed payment of terminal benefits if any to be done.
iii) It is also open to the petitioners to make representation in respect of other arguable benefits such as Leave Encasement, difference in Gratuity & fixation etc., 25
iv) The above exercise shall be accomplished by respondent Nos. 2 & 3 within four weeks from the date the representations are made.
Added, the interest shall be worked out taking into account the date on which certain sums of money under the VRS Scheme became payable to the petitioners, of course after the premises are vacated. All contentions in this regard are kept open.
It hardly needs to be stated in any circumstances the vacating of premises shall not be dependent upon payment to be made arguably with interest by the respondent Nos. 2 & 3 on the basis of contemplated representations.
Costs made easy.
Sd/-
JUDGE Bsv