- 1 - HC-KAR NC: 2025:KHC:22623-DB WP No. 16913 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO. 16913 OF 2025 (S-KSAT) BETWEEN: SRI A H UMESHA S/O. LATE HOMBAHANUMAIAH, AGED ABOUT 52 YEARS, WORKING AS JOINT LABOUR COMMISSIONER KARNATAKA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD, KALYANA SURAKSHA BHAVANA, ITI COMPOUND, DIARY CIRCLE, BANNERGHATTA ROAD, BANGALORE -560 029 RESIDING AT NO.212, 3RD MAIN, BCMC LAYOUT, RAGHUVANAHALLI, KANAKAPURA ROAD, BANGALORE - 560 062. …PETITIONER (BY SRI. SATISH K., ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LABOUR, VIKASA SOUDHA, BANGALORE - 560 001. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22623-DB WP No. 16913 of 2025 2. THE COMMISSIONER, DEPARTMENT OF LABOUR, KARMIKA BHAVAN, BANNERGHATTA ROAD, BANGALORE 560029. 3. DR. SANGAPPA UPASE MAJOR, WAS WORKING AS JOINT SECRETARY, KARNATAKA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD KALYANA SURAKSHA BHAVANA, ITI COMPOUND, DAIRY CIRCLE, BANNERGHATTA ROAD BANGLAORE 560 029. …RESPONDENTS (BY SRI.C.M. NAGABUSHANA, ADV. FOR C/R3 SRI REUBEN JACOB, AAG FOR SRI B RAVINDRANATH, AGA FOR R1 AND R2) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS FROM THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE IN RESPECT OF THE IMPUGNED ORDER DATED 11/06/2025 PASSED IN APPLICATION NO.874/2025 (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2025:KHC:22623-DB WP No. 16913 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard learned counsel Sri.Satish.K., for petitioner, learned Additional Advocate General Sri.Reuben Jacob for Sri.B.Ravindranath, learned Additional Government Advocate for respondent Nos.1 and 2 and learned counsel Prof. Sri.C.M.Nagabushana for Caveator/respondent No.3. Perused the writ petition papers. 2. Learned counsel for the petitioner files memo dated 27.06.2025 enclosing two Notifications and one Office Memorandum dated 25.06.2025, 25.06.2025 and 24.06.2025 respectively. Notification-II dated 25.06.2025 indicates that the petitioner is promoted from the cadre of Deputy Labour Commissioner to the cadre of Joint Labour Commissioner. By subsequent Notification-III dated 25.06.2025, the petitioner is posted as Joint Secretary, Karnataka Building and Other Construction Workers Welfare Board. By yet another O.M., dated 24.06.2025, - 4 - HC-KAR NC: 2025:KHC:22623-DB WP No. 16913 of 2025 services of respondent No.3 is repatriated to his parent department i.e., Commercial Tax. 3. Learned counsel for the petitioner as well as learned Additional Advocate General would submit that in view of the above Notifications, writ petition would no more survive for consideration. 4. On the other hand, learned counsel Prof. Sri. C.M.Nagabhushana for respondent No.3 would submit that the repatriation order is by an incompetent authority and he would seek liberty to challenge the same. 5. Having considered the submission of learned counsel appearing for the parties, we are of the considered opinion that, in view of Notifications-II and III dated 25.06.2025 promoting the petitioner as Joint Labour Commissioner and posting him as Joint Secretary to the Karnataka Building and Other Construction Workers Welfare Association Board, the present writ petition would - 5 - HC-KAR NC: 2025:KHC:22623-DB WP No. 16913 of 2025 no more survive for consideration. Accordingly, writ petition stands disposed of. 6. Insofar as the third respondent’s repatriation order is considered, it is a new cause of action and it is open for respondent No.3 to avail appropriate remedy. 7. All contentions urged in this writ petition are left open. 8. In view of disposal of the writ petition, I.A.No.1/2025 and I.A.No.2/2025 stand disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE NC CT:bms List No.: 1 Sl No.: 14