Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:1180-DB CCC No. 100094 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR CIVIL CONTEMPT PETITION NO. 100094 OF 2024 BETWEEN:
1.
ANAND S/O DANIEL, AGE: 51 YEARS, OCC.: CLEANER, GOVERNMENT MEDICAL AND DENTAL COLLEGE, RESEARCH CENTRE, BALLARI-583104.
RAMANJINEYA S/O SUNKAPPA SINCE DECEASED BY LEGAL HEIRS
2.
SMT. JAYALAKSHMI W/O LATE RAMANJANEYA, AGE: 50 YEARS, OCC.: HOUSEWIFE, R/O SATYAVAANI NAGAR, KARIMAREMMA GUDI ROAD, BALLARI 583104.
3.
SRI. SHIVAKUMAR S/O LATE RAMANJANEYA, AGE: 29 YEARS, OCC.: HOUSEWIFE, R/O SATYAVAANI NAGAR, KARIMAREMMA GUDI ROAD, BALLARI 583104.
4.
KUM. SANDHYA KUMARI D.
AGE: 26 YEARS, OCC.: HOUSEWIFE, R/O SATYAVAANI NAGAR, KARIMAREMMA GUDI ROAD, BALLARI 583104.
5.
SHIVA S/O SUNKAPPA, AGE: 47 YEARS, OCC.:CLEANER, GOVERNMENT MEDICAL AND DENTAL COLLEGE, RESEARCH CENTRE, BALLARI-583104.
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad
Bench
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NC: 2025:KHC-D:1180-DB CCC No. 100094 of 2024
6.
JAYARAM M. S/O GOPALAPPA, AGE: 49 YEARS, OCC.: CLEANER, GOVERNMENT MEDICAL AND DENTAL COLLEGE, RESEARCH CENTRE, BALLARI-583104.
7.
VENKATESH M., S/O K MANAPPA, AGE: 48 YEARS, OCC.: CLEANER, GOVERNMENT MEDICAL AND DENTAL COLLEGE, RESEARCH CENTRE, BALLARI-583104.
8.
ASHOKA S/O ARJUN PATIL, AGE: 46 YEARS, OCC.: CLEANER, GOVERNMENT MEDICAL AND DENTAL COLLEGE, RESEARCH CENTRE, BALLARI-583104. - COMPLAINANT
(BY SRIYUTHS. B. KRUPANANDA AND S.C. HARTI, ADVOCATES)
AND:
1.
MOHAMMED MOHSIN THE STATE OF KARNATAKA REP. BY ITS SECRETARY, CHIEF SECRETARY OF MEDICAL EDUCATION, M.S.BUILDING, BENGALURU-560001.
2.
DR. SIDDARAMESHWARA THE CHIEF ADMINISTRATIVE OFFICER (VIMS) DENTAL COLLEGE, BALLARI-583104.
3.
DR. GANGADHAR GOUDA M.D.
THE DIRECTOR (VIMS) DENTAL COLLEGE, BALLARI-583104.
4.
DR. BHARATI S.H., THE PRINCIPAL GOVERNMENT, DENTAL COLLEGE AND RESEARCH INSTITUTE, (VIMS), BALLARI 583104. - ACCUSED
5.
THE STATE OF KARNATAKA - PROFORMA RESPONDENT (BY SRI. J.M. ANIL KUMAR, ADVOCATE FOR A3-A4;
SRI. PRAVEEN K. UPPAR, AGA FOR PROFORMA RESPONDENT)
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NC: 2025:KHC-D:1180-DB CCC No. 100094 of 2024
THIS CIVIL CONTEMPT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA AND R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED NOS.1 TO 4 FOR VIOLATION OF ORDERS DATED 28.11.2023 PASSED IN WRIT PETITION NO.102670/2022 (S-RES) IN THE INTEREST OF JUSTICE AND EQUITY & ETC.
THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
The complainants have filed writ petition in W.P. No. 102607/2022 for directions to the respondents to regularize their services relying upon the outcome in I.D. No. 34/1998 which is disposed of on 23.05.2001. The complainant is the first party in the proceedings I.D. No. 34/1998 along with multiple others, and the Industrial Tribunal has directed the employer to regularize the services of the complainants and others. The employer has called in question the Tribunal’s
order dated 23.05.2001 in I.D. No. 34/1998 unsuccessfully in W.P. No. 3005/2002. The unsuccessful employer’s
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NC: 2025:KHC-D:1180-DB CCC No. 100094 of 2024
grievance with such order is pending consider in Writ Appeal No. 951/2007 where there is a direction to the parties not to precipitate.
If the very right to seek regularization is thus pending in W.A. No. 951/2007, the contempt proceedings cannot be sustained. In fact, in similar circumstances this Court in CCC No. 100079/2024 has dropped the proceedings with liberty to the complainant to seek revival subject to the outcome of the aforesaid writ appeal.
This contempt petition therefore stands dropped with similar liberty.
Sd/- (B.M.SHYAM PRASAD) JUDGE
Sd/- (RAMACHANDRA D. HUDDAR) JUDGE BVV LIST NO.: 1 SL NO.: 13