IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE Mr. JUSTICE K. SOMASHEKAR WRIT PETITION No. 36573/2017 (L-RES) BETWEEN :
Karnataka Power Corporation Limited A company incorporated under the Companies Act, 1956 Having its registered office at No. 116/2, Trade Centre Building Race Course Road Bangalore – 560 001 Rep. by its Managing Director. … Petitioner (By Sri. Pramod Nair, Adv.) AND :
The State of Karnataka Rep. by Principal Secretary Labour Department Multi Storeyed Buildings Dr. Ambedkar Veedhi Bangalore – 560 001. … Respondent (By Sri. T.S. Mahanthesh, AGA) ---
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India with a prayer to quash the impugned notification dated 07.07.2005 issued by the respondent vide Annexrue-A and etc.
This Writ Petition coming on for Preliminary Hearing in “B” Group this day, the Court made the following;
O R D E R Heard learned counsel for petitioner and learned AGA for respondent – State.
2. In this writ petition the petitioner is seeking for the following reliefs:
a. Quash the impugned notification No. KA E 133 LWA 2005 Bangalore dated 7th July 2005 issued by the respondent vide Annexure A b. In the alternative, direct the respondent to reconsider the matter based on the representations submitted by the petitioner.
3. Petitioner is a wholly owned Government enterprise and generates electricity for the consumption of general public. Therefore, the petitioner is a public utility service organization and it is a Government undertaking corporation with the main objective to generate power in the State of Karnataka. The petitioner’s projects are established in different parts of the state including thermal power station at Raichur.
4. In support of the grounds urged in the writ petition, petitioner has produced copy of the minutes of Board meeting dated 21.01.1999 as Annexure B; annexure C is copy of the Committee’s report; annexure D is copy of the order passed by this Court in W.P. No. 15645/1997 dated 09.08.1999; Annexure E is copy of the order passed by this Court in W.P. Nos. 37395-37414/2003 and 44176-44207/2003 dated 09.12.2003; annexure F is copy of notification issued by Ministry of Environment and Forests, New Delhi dated 14.09.1999; annexure G is copy of petitioner’s letter to the Labour Commissioner dated 12.02.2004 and annexure H is the petitioner’s letter to Principal Secretary, Department of Energy, Government of Karnataka, Bangalore dated 20.05.2004. In addition to these documents and in support of the grounds urged in this writ petition petitioner has produced, annexure-J petitioner’s letter to the Principal Secretary, Government of Karnataka, dated 20.09.2005; annexure-K petitioner’s letter to the Principal Secretary, Government of Karnataka dated 18.11.2005, annexure L - petitioner’s letter to the Principal Secretary, Government of Karnataka dated 07/12.09.2006; annexure M - minutes of the Meeting held on 14.10.2005; annexure - N petitioner ‘s letter to the Minister for Labour and Chairman, Karnataka State Contract Labour Advisory Board, Government of Karnataka. Alternative prayer in this writ petition is to direct the respondent to reconsider the matter based on the representation made by the petitioner.
5. Learned AGA appearing for the respondent/State submitted that petitioner can also make a comprehensive representation in addition to the earlier representations made by it to the respondent and the same will be considered in accordance with law. He further submits that the question of quashment of the notification dated 07.07.2005 vide Annexure A does not arise.
6. Keeping in view the grounds urged by the petitioner in this writ petition, contentions canvassed by the learned counsel for petitioner and the counter made by the learned AGA, it is appropriate to direct the respondent to consider the representations made by the petitioner in accordance with law.
7. In view of the above, writ petition is allowed in part.
The respondent is directed to consider the representations made by the petitioner in accordance with law. Liberty is reserved to the petitioner to make a comprehensive representation in additiona to its earlier representations within four weeks from today. Thereafter the comprehensive representation to be made by the petitioner along with its earlier representations shall be considered by the respondent authority in accordance with law within an outer limit of six months.
LRS.
Sd/- JUDGE.