Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.910/2019 & WRIT APPEAL NOS.1115-1123/2019 (S-RES) BETWEEN:
1. THE STATE OF KARNATAKA REPRESENTED BY PRL. SECRETARY DEPT. OF INDUSTRIES AND COMMERCE VIKASA SOUDHA, VIDHANA VEEDHI BENGALURU-560 001 2. THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY VIDHANA SOUDHA, VIDHANA VEEDHI BENGALURU-560 001 3. STATE OF KARNATAKA REPRESENTED BY PRL. SECRETARY DEPT. OF DISINVESTMENT AND STATE PUBLIC SECTOR ENTERPRISES, M.S.BUILDING DR.AMBEDKAR VEEDHI, BENGALURU-01 4. STATE OF KARNATAKA REPRESENTED BY PRL. SECRETARY DEPT. OF ENERGY, VIKASA SOUDHA VIDHANA VEEDHI, BENGALURU-01 5. STATE OF KARNATAKA REPRESENTED BY PRL. SECRETARY DEPT. OF FINANCE, VIDHANA SOUDHA VIDHANA VEEDHI, BENGALURU-01 6. STATE OF KARNATAKA REPRESENTED BY PRL. SECRETARY PUBLIC WORKS DEPT., VIDHANA SOUDHA VIDHANA VEEDHI, BENGALURU-01 7. STATE OF KARNATAKA REPRESENTED BY PRL. SECRETARY HEALTH & FAMILY WELFARE SERVICES VIDHANA SOUDHA, VIDHANA VEEDHI BENGALURU-01 8. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY D.P.A.R., VIDHANA SOUDHA VIDHANA VEEDHI, BENGALURU-01 9. KARNATAKA GOVT., INSURANCE DEPT., REPRESENTED BY ITS DIRECTOR V.V.TOWER, 17TH FLOOR VIDHANA VEEDHI, BENGALURU-01 10. THE COMMISSIONER OF COMMERCIAL TAXES GOVERNMENT OF KARNATAKA GANDHINAGAR, BENGALURU-01 ... APPELLANTS (BY SHRI. N. DINESH RAO, AAG ALONG WITH SHRI. S.H. PRASHANTH, AGA) AND:
1. SRI. SANJEEVA MURTHY S/O LATE MUNISHAMAPPA AGED ABOUT 51 YEARS (ORIGINALLY EMPLOYEE OF MYSURU LAMP WORKS LTD.), LATER SENT ON DEPUTATION TO WORK AS DRIVER, IN THE OFFICE OF THE KARNATAKA GOVT. INSURANCE DEPT., V.V.TOWER, VIDHANA VEEDHI BENGALURU-560 001 AND R/A NO.404, 14TH MAIN, 3RD CROSS HMT LAYOUT, MATHIKERE BENGALURU-560 054 2. SRI. H.T. RUDRESH S/O LATE THIMMANARASAIAH AGED ABOUT 50 YEARS (ORIGINALLY EMPLOYEE OF MYSURU LAMP WORKS LTD.), LATER SENT ON DEPUTATION TO WORK AS CLERK IN THE OFFICE OF THE KARNATAKA GOVT., INSURANCE DEPT., V.V.TOWER, VIDHANA VEEDHI BENGALURU-560 001 AND R/A NO.18/1, 7TH A CROSS, GOKULA 1ST STAGE, II PHASE, MATHIKERE BENGALURU-560 054 3. SRI. N. NAGARAJU S/O NARASAIAH AGED ABOUT 49 YEARS (ORIGINALLY EMPLOYEE OF MYSURU LAMP WORKS LTD.), LATER SENT ON DEPUTATION TO WORK AS CLERK IN THE OFFICE OF THE KARNATAKA GOVT., INSURANCE DEPT., V.V.TOWER, VIDHANA VEEDHI BENGALURU-560 001 AND R/A NO.217, 3RD CROSS MARIYAPPANAPALYA SRIRAMPURA, BENGALURU-21 4. SRI. GANGADHAR S/O LATE CHANNABASAVAIAH AGED ABOUT 62 YEARS (ORIGINALLY EMPLOYEE OF MYSURU LAMP WORKS LTD.), LATER SENT ON DEPUTATION TO WORK AS ASST. ELECTRICAL INSPECTOR OFFICE OF THE DEPUTY ELECTRICAL INSPECTOR GOVT. OF KARNATAKA, TUMAKURU AND R/A NO.191/1, 2ND CROSS 5TH MAIN, BHUVANESHWARI NAGAR HESSARGHATTA MAIN ROAD T.DASARAHALLI , BENGALURU-57 5. SRI. G.S. MANJUNATH S/O LATE SIDDALINGAPPA AGED ABOUT 59 YEARS (ORIGINALLY EMPLOYEE OF MYSURU LAMP WORKS LTD.), LATER SENT ON DEPUTATION TO WORK AS ASST. ELECTRICAL INSPECTOR OFFICE OF THE DEPUTY ELECTRICAL INSPECTOR GOVERNMENT OF KARNATAKA BENGALURU NORTH, BENGALURU AND R/A NO.417, 7TH CROSS, 1ST MAIN DOMLUR LAYOUT, BENGALURU-560 071 6. SRI. T.R. CHANDRAPPA S/O LATE RAMAKRISHNAPPA AGED ABOUT 52 YEARS (ORIGINALLY EMPLOYEE OF MYSURU LAMP WORKS LTD.), LATER SENT ON DEPUTATION TO WORK AS DRIVER, OFFICE OF THE COMMERCIAL TAX DEPT., GOVT. OF KARNATAKA GANDHINAGARA, BENGALURU-560 009 R/A NO.7, KORAMARA BEEDHI TALUK OFFICE ROAD, DEVANAHALLI BENGALURU RURAL DISTRICT 7. SRI. NARAYANASWAMY S/O LATE GANGARANGAIAH AGED ABOUT 51 YEARS (ORIGINALLY EMPLOYEE OF MYSUR LAMP WORKS LTD.), LATER SENT ON DEPUTATION TO WORK AS DRIVER, OFFICE OF THE COMMERCIAL TAX DEPT., GOVT. OF KARNATAKA GANDHINAGAR, BENGALURU-560 009 R/A NO.384, 17TH CROSS, 5TH PHASE J.P.NAGAR, BENGALURU-560 078 8. SRI. N. NAGESH S/O M.G. NARSIMHAIAH AGED ABOUIT 60 YEARS (ORIGINALLY EMPLOYEE OF MYSURU LAMPS WORKS LTD.), LATER SENT ON DEPUTATION TO WORK AS JR.ENGINEER, PUBLIC WORKS DEPT., GOVT. OF KARNATAKA, MANDYA R/A NO.21, 12TH MAIN, 1ST BLOCK RAJAJINAGAR, BENGALURU-560 010 9. SRI. S.V. NAGARAJ S/O S.V. VENKATESH AGED ABOUT 55 YEARS (ORIGINALLY EMPLOYEE OF MYSURU LAMP WORKS LTD.), LATER SENT ON DEPUTATION TO WORK AS IN THE OFFICE OF THE DPAR GOVT. OF KARNATAKA M.S.BUILDING, DR.AMBEDKAR VEEDHI BENGALURU-560 001 R/A NO.1003, 1ST MAIN ROAD KATHIGUPPE WATER TANK, BSK, III STAGE BENGALURU-560 085 10. SRI. BHUMESH S/O LATE HANUMANTHAPPA AGED ABOUT 50 YEARS (ORIGINALLY EMPLOYEE OF MYSURU LAMP WORKS LTD.), LATER SENT ON DEPUTATION TO WORK JR.ENGINEER, OFFICE OF THE DIRECTORATE OF HEALTH AND FAMILY WELFARE GOVT. OF KARNATAKA, DISTRICT GENERAL HOSPITAL, CHITRADURGA R/A NO.177, ASARE COLONY, HARIHARA ROAD ADIBASAVESHWARANAGARA HARAPANAHALLI-583 131 DAVANAGERE DISTRICT 11. M/S. MYSORE LAMP WORKS LTD., REPRESENTED BY ITS MANAGING DIRECTOR P.B.NO.5551, MALLESHWARAM (WEST) BENGALURU-560 055 12. M/S. MYSORE MINERALS LTD., REPRESENTED BY ITS MANAGING DIRECTOR TTMC BUILDING, A BLOCK, 5TH FLOOR BMTC, SHANTINAGAR BENGALURU-560 027 ... RESPONDENTS THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DAED 03/10/2018 PASSED IN W.P.NOS.10842-851/2016(S-RES).
THESE WRIT APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT Next >