IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOs.767-772 OF 2016 (GM-TEN) BETWEEN:
1. AJJAPPA, S/O MARIYAPPA, AGED ABOUT 33 YEARS, R/AT 1296, 3RD CROSS, GANDINAGAR, DAVANAGERE – 577 001.
2. GURU RAJA A., S/O ANNAPPA, AGED ABOUT 26 YEARS, R/AT NO.1304, 3RD CROSS, GANDHINAGAR, NEAR ANJANEYA TEMPLE, DAVANAGERE – 577 001.
3. VANAJAKSHMMA, W/O PRAKASHAPPA, AGED ABOUT 53 YEARS, R/AT 1852, 4TH MAIN, 4TH CROSS, VINOBHA NAGAR, NEAR YALLAMMA, DAVANAGERE – 577 001.
4. RATHNAMMA, W/O RAMANNA, AGED ABOUT 52 YEARS, R/AT 732, 6TH CROSS, 2ND MAIN, SJM NAGARA, KONGAJJI ROAD, DAVANAGERE – 577 001.
5. BHARATAMMA, W/O DUGGAPPA, AGED ABOUT 40 YEARS, R/AT 1237, 4TH CROSS, NEAR CHOWDAMMA TEMPLE, GANDHINAGARA, DAVANAGERE – 577 001.
6. PUTTAMMA, W/O RAMESH, AGED ABOUT 36 YEARS, R/AT NO.7468, CHOUDESHWARI NAGAR, RUDRABUMI D.V., DAVANAGERE – 577 001.
… PETITIONERS (BY SRI.J.PRASHANTH, ADV. - ABSENT) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, VIDHANA VEEDHI, BANGALORE – 560 001.
2. THE PRINCIPLE SECRETARY, THE STATE OF KARNATAKA, LABOUR DEPARTMENT, VIDHANA SOUDHA, VIDHANA VEEDHI, BANGALORE – 560 001.
3. THE COMMISSIONER, DIRECTORATE OF MUNICIPAL ADMINISTRATION, VISVESHWARAYYA TOWER, PODIUM BLOCK, VIDHANA VEEDHI, BANGALORE – 560 001.
4. THE DIRECTOR, DIRECTORATE OF MUNICIPAL ADMINISTRATION, VISVESHWARAYYA TOWER, PODIUM BLOCK, VIDHANA VEEDHI, BANGALORE – 560 001.
5. DAVANAGERE CITY CORPORATION, REPRESENTED BY ITS COMMISSIONER, DAVANAGERE – 577 001.
6. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE – 577 001.
...RESPONDENTS (BY SRI.VIJAY KUMAR A PATIL, AGA FOR R1 TO 4 & 6; SRI.B.K.MANJUNATH, ADV., FOR R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 24.11.2015 ISSUED BY THE R-5 CORPORATION, VIDE ANNEXURE – A AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Vijaykumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 4 and 6. Sri. B.K. Manjunath, learned counsel for Respondent No.5.
None appear for the petitioners. The petitions are admitted for hearing. With the consent of learned Counsel for the respondents, the matter is heard finally.
2. In these writ petitions, petitioners have prayed for following reliefs:
“[a] Issue writ, order or direction in the nature of certiorari quashing the Notification dated 24.11.2015 bearing No.Da.Ma.Pa/ Ka.Aa/ Gha.Va.Ni/ Ho.Gu.Tender /01/2015-16 issued by the 5th respondent Corporation, vide Annexure-A, in the interest of justice and equity.
[b] Issue a writ, order or direction in the nature of Mandamus directing the official respondents to abolish contract labours under the provisions of the Contract Labours Abolition Act, 1970.
[c] Issue a writ, order or direction in the nature of mandamus to implement the directions issued by the Hon’ble High Court of Karnataka in W.P. No.6058/2006, by absorbing the poura karmikas working on contract basis before resulting to recruitment pursuant to Annexure, in the interest of justice and equity.”
3. When the matter was taken up today, learned counsel for Respondent No.5 submits that the relief [a] does not survive for consideration as the period of contract has already expired. It is further submitted that in relief [c], the petitioner is seeking absorption of workers working on contract basis and the Government is already in the process of considering the issue with regard to absorption of the petitioners.
In view of the aforesaid submission and in the facts of the case, petitions are disposed of with a direction to the State Government to expeditiously decide the issue with regard to the observations of the petitioners in accordance with law.
Sd/- JUDGE AN/-