- 1 - NC: 2025:KHC-D:1179-DB CCC No. 100078 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. 100078 OF 2024 BETWEEN: 1. KAVITHA, AGE: 35 YEARS, OCC.: CLEANER, GOVERNMENT MEDICAL AND DENTAL COLLEGE, VIMS RESEARCH INSTITUTE, BALLARI 583104. 2. VENKATESH, AGE: 51 YEARS, OCC.: CLEANER, GOVERNMENT MEDICAL AND DENTAL COLLEGE, VIMS RESEARCH INSTITUTE, BALLARI 583104. - COMPLAINANTS (BY SRI. M.B. RADDI, ADVOCATE) AND: 1. SRI. MOHAMMAD MOHSIN-IAS, THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, CHIEF SECRETARY TO MEDICAL EDUCATION, M.S. BUILDING, BANGALURU 560001. 2. DR. A. CHANNAPPA-KAS, THE CHIEF ADMINISTRATIVE OFFICER (VIMS), DENTAL COLLEGE, BALLARI 582104. 3. DR. T. GANGADHAR GOUDA-MD, THE DIRECTOR (VIMS), DENTAL COLLEGE, BALLARI 582104. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1179-DB CCC No. 100078 of 2024 4. DR. KRISHNASWAMY-MBBS.MD, THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE AND RESEARCH INSTITUTE (VIMS), BALLARI 582104. - ACCUSED 5. THE STATE OF KARNATAKA - PROFORMA RESPONDENT (BY SRI. PRAVEEN K. UPPAR, AGA FOR A1; SRI. J.M. ANIL KUMAR, ADVOCATE FOR A3; NOTICE TO A2 AND A4 ARE SERVED) THIS CIVIL CONTEMPT PETITION IS FILED UNDER ARTICLES 226 OF THE CONTRIBUTION OF INDIA AND R/W SECTIONS 11 AND 12 OF CONTEMPT OF COURTS ACT 1971, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED NOS.1 TO 4 FOR VIOLATION OF ORDER DATED 20.09.2023 PASSED IN WRIT PETITION NO.102226/2022 (S-RES) VIDE ANNEXURE-J AND PUNISH THE ACCUSED NO.3 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 - 3 - NC: 2025:KHC-D:1179-DB CCC No. 100078 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The complainants have filed writ petition in W.P. No. 102226/2022 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 Industrial Tribunal’s order dated 23.05.2001 in I.D. No. 34/1998 unsuccessfully in W.P. No. 3005/2002. The employer’s 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 - 4 - NC: 2025:KHC-D:1179-DB CCC No. 100078 of 2024 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.: 12