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2025 DAILYLAW 10937 (KAR)

HUTTI CHINNADA GANI KARMIKARA SANGH v. THE CHIEF SECRETARY

WP/201335/2025 · 2025-05-13

E S Indiresh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-K:2686 WP No. 201335 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 13TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO.201335 OF 2025 (GM-RES) BETWEEN: HUTTI CHINNADA GANI KARMIKARA SANGH REPRESENTED BY CHANDRAKANTA SHETTY AGED ABOUT 53 YEARS, RESIDING AT C/O LATE VEERANNA SHETTY ARKERA, SANTE MAINDHAN, HUTTI, HUTTI VILLAGE, LINGASUGUR TALUK, RAICHUR DISTRICT-584115. …PETITIONER (BY SRI. MONESH V. NADAGOWDA AND SRI. S. S. MAMADAPUR, ADVOCATES) AND: 1. THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA AMBEDKAR VEEDHI, BENGALURU – 560001 2. THE PRINCIPAL SECRETARY, (M.S.M.E AND AMP MINE) DEPARTMENT OF COMMERCE AND INDUSTRY, BENGALURU – 560001. 3. THE MANAGING DIRECTOR, HATTI GOLD MINES COMPANY LTD., 3RD FLOOR, K.H.B. SHOPPING COMPLEX, NATIONAL GAMES VILLAGE, KORAMANGALA Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2686 WP No. 201335 of 2025 BENGALURU – 560047 4. THE SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES 2ND FLOOR, 49, KHANIJA BHAVAN, RACE COURSE ROAD, RACECOURSE, GANDHI NAGAR, BANGALORE – 560001. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1, R2 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENT COMPANY NOT TO INITIATE OR PROCEED WITH ANY APPOINTMENT PROCESS UNTIL THE COMPLETION OF THE UNION ELECTION PROCESS IN THE INTEREST OF JUSTICE AND ENSURE FAIR LABOUR PRACTICES ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER (PER: HON'BLE MR JUSTICE E.S.INDIRESH) The prayer made in this writ petition reads as under: i) Issue a Writ of Mandamus, or any other appropriate Writ, Order or Direction, directing the Respondent Company not to initiate or proceed with any appointment process until the completion of the union - 3 - NC: 2025:KHC-K:2686 WP No. 201335 of 2025 election process in the interest of justice and ensure fair labour practices; ii) Pass such other and further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of equity and justice. 2. Taking into consideration the factual aspects on record that, such injunctive relief cannot be passed against the respondent-Company as to not to proceed with any appointment process and same cannot be considered under Article 226 of the Constitution of India, writ petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SDU LIST NO.: 1 SL NO.: 26 CT:SI