IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI W.P. NO.24463 OF 2016 AND W.P.NOS.10356-365 OF 2017 (L-MW) BETWEEN:
1. SRI.VENKATESHAPPA S/O.LATE GOVINDAPPA AGED ABOUT 53 YEARS 2. SRI.B.N.GOPANNA S/O.LATE NARAYANAPPA AGED ABOUT 50 YEARS 3. SRI.GOVINDARAJU S/O.LATE BASAIAH AGED ABOUT 27 YEARS 4. SRI.GANDHARAPPA S/O.LATE RAMAPPA AGED ABOUT YEARS 5. SRI.CHANDRA MOULI S/O.LATE THIPPESWAMY AGED ABOUT 33 YEARS 6. SRI.B.R.CHANDRASHEKAR S/O.RAMAKRISHNAPPA AGED ABOUT 37 YEARS 7. SMT.ANUSUYAMMA D/O.LATE HANUMANTHAPPA AGED ABOUT 37 YEARS 8. SMT.RADHAMMA W/O.VENKATESHAPPA AGED ABOUT 38 YEARS 9. SRI.PRASANNA KUMAR S/O.LATE LINGAPPA AGED ABOUT 38 YEARS 10. SRI.HANUMANTHARAYAPPA S/O.LATE LAKSHMAPPA AGED ABOUT 50 YEARS 11. SRI.NARAYANAPPA S/O.LATE BEERAPPA AGED ABOUT 60 YEARS ALL ARE RESIDENT OF BOMMATHANAHALLI VILLAGE PAVAGADA TALUK TUMKUR DISTRICT-561 202 (BY SRI.UMESHA MURTHY J.M., ADV.- ABSENT) AND:
1. STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATHRAJ VIKAS SOUDHA BENGALURU-560 001 BY ITS SECRETARY.
2. THE DIRECTOR MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEED SCHEME DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATHRAJ VIKAS SOUDHA BENGALURU-560 001.
3. TUMKUR JILLA PANCHAYATH TUMKUR DISTRICT TUMKUR-572 101 BY ITS CHIEF EXECUTIVE OFFICER 4. THE TALUKA PANCHAYATH PAVAGADA TALUK-561 202 TUMKUR DISTRICT BY ITS EXECUTIVE OFFICER 5. ROPPA GRAMPANCHAYATH ROPPA PAVAGADA TALUK-561 202 TUMKUR DISTRICT … PETITIONERS BY ITS PROJECT DEVELOPMENT OFFICER ... RESPONDENTS (BY SRI.A.C.BALARAJ, AGA FOR R-1 AND R-2 SRI.A.NAGARAJAPPA, ADV. FOR R-3 TO R-5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DTD:17.08.2013 AND 15.06.2015 SUBMITTED BY THE PETITIONERS AND PAY THEIR WAGES ALONG WITH INTEREST AT THE RATE OF 12% FROM THE DATE OF THE COMPLETION OF THE PROJECT WORK TILL THE DATE OF REALIZATION OF THE SAID AMOUNT AND ETC.
THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Matter called out twice. None appears for the petitioners.
2. Grievance of the petitioners are that respondents have not considered the representations dated 17.08.2013 and 15.6.2015 (Annexures-E and F) respectively which are relating to payment of wages along with interest.
3. Learned counsel for the respondent-State on instructions submitted that 2nd respondent - Director is not in receipt of Annexures-E and F. In the absence of representations to the appropriate authority r/w addressed to petitioners’ grievance with reference to representations at Annexures-E and F has not reached the concerned person, writ petition is not maintainable.
4. In view of the above facts and circumstance, writ petitions stand disposed off reserving liberty to the petitioners to submit their representations to the appropriate authority under acknowledgement within a period of four weeks from the date of receipt of this order. In such representation is furnished, concerned authority to take decision and communicate to petitioner within a reasonable period.
With the above observation, writ petitions are disposed off.
Sd/- JUDGE BS