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2025 DAILYLAW 31758 (KAR)

JAGANNATH PRASAD v. BHARAT EARTH MOVERS LTD

WP/13710/2018 · 2025-03-26

R Nataraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:12889 WP No. 13710 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 13710 OF 2018 (S-DIS) BETWEEN: JAGANNATH PRASAD S/O RAM CHANDRA PRASAD, AGED 53 YEARS, R/AT TYPE V/8, BEML OFFICERS QUARTER, BEML NAGAR, K.G.F., KOLAR DISTRICT-563115. …PETITIONER (BY SRI. NARAYANA BHAT M., ADVOCATE) AND: 1. BHARAT EARTH MOVERS LTD. (BEML LTD.) REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, BEML SOUDHA, 23/1, 4TH MAIN ROAD, SAMPANGIRAMA NAGAR, BENGALURU-560027. 2. THE DIRECTOR (MINING AND CONSTRUCTION) BEML LTD., BEML SOUDHA, 23/1, 4TH MAIN ROAD, SAMPANGIRAMA NAGAR, BENGALURU-560027. …RESPONDENTS (BY SRI. MANOJ KUMAR, ADVOCATE FOR SRI. PRASHANTH B.K., ADVOCATE FOR RESPONDENT NOS.1 AND 2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND QUASH THE Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12889 WP No. 13710 of 2018 ORDER BEARING NO.KPE/30096/12553 DATED 16.02.2018 PRODUCED AT ANNEXURE-K AS THE SAME IS ILLEGAL AND OPPOSED TO ARTICLES 14, 16 AND 21 OF THE CONSTITUTION OF INDIA AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of certiorari to quash the order bearing No. KPE/30096/12553 dated 16.02.2018 and the order bearing No. EKW/Co./QTRS./V-08/2018/7139 dated 19.02.2018 calling upon him to vacate the official quarters and a letter bearing No.EKW/QTR/V-08/7249 dated 21.03.2018 declaring the petitioner as an unauthorized occupant of the official quarters. The petitioner has also sought for a direction to the respondents to reinstate him into service in his original post with all consequential benefits etc. 2. When this petition was listed on 05.07.2019, the following order was passed: "Pursuant to the order dated 03.07.2019, learned counsel for the respondents, on instructions, submitted - 3 - NC: 2025:KHC:12889 WP No. 13710 of 2018 that respondent-Management are agreeable for proposal of the petitioner to the extent that relieving memo would be issued without any stigma and 50% of backwages would be paid. List on 08.07.2019." 3. Today, the learned counsel for the respondents submits that 50% of back wages was paid to the petitioner and that the relieving memo was issued without any stigma against the petitioner. Learned counsel for the petitioner admits receipt of some amount. However, he contends that liberty be reserved to the petitioner to contest the claim that the respondents have paid 50% of back wages. 4. In that view of the matter, this writ petition is disposed off, holding that the respondents have now issued a relieving memo without attributing any stigma to the petitioner and they have paid back wages as agreed. However, it is open for the petitioner to file an appropriate representation before the respondents, bringing to their notice that the back wages paid is not 50% of the wages and also that other benefits payable to him are not paid. If a representation is filed, the - 4 - NC: 2025:KHC:12889 WP No. 13710 of 2018 respondents shall consider the same in accordance with law and pass appropriate orders. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 23