SRI K N NINGEGOWDA S/O. NINGEGOWDA v. SHRI GAURAV GUPTA
CCC/100079/2025 · 2025-07-07
K V Aravind, R Devdas
Contempt Petitionbody2025
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[ 2025 DAILYLAW 47893 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47893 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:8457-DB CCC No. 100079 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND CIVIL CONTEMPT PETITION NO.100079 OF 2025
BETWEEN:
1. SRI. K.N. NINGEGOWDA S/O. NINGEGOWDA, AGE. 57 YEARS, OCC. PUMP OPERATOR WATER SUPPLY, KARNATAKA POWER CORPORATION LTD., KADRA–581396, TAL. KARWAR, DIST. UTTAR KANNADA. 2. SRI. M. RAMESH S/O. MUNAPPA, AGE. 52 YEARS, OCC. PUMP OPERATOR WATER SUPPLY, KARNATAKA POWER CORPORATION LTD., KADRA–581396, TQ. KARWAR, DIST. UTTAR KANNADA. 3. SRI. M. NANJUNDA @ B.M. NANJUNDAPPA S/O. MADAIAH @ MADEGOUDA, AGE. 57 YEARS, OCC. PUMP OPERATOR WATER SUPPLY, KARNATAKA POWER CORPORATION LTD., KADRA–581396, TAL. KARWAR, DIST. UTTAR KANNADA. 4. SRI. YALLAPPA S/O. SIDDAPPA MADHARE, AGE. 54 YEARS, OCC. PUMP OPERATOR WATER SUPPLY, KARNATAKA POWER CORPORATION LTD., KADRA–581396, TAL. KARWAR, DIST. UTTAR KANNADA. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-D:8457-DB CCC No. 100079 of 2025
5. SRI. M. MANJUNATHA S/O. MARIAPPA, AGE. 58 YEARS, OCC. PUMP OPERATOR WATER SUPPLY, KARNATAKA POWER CORPORATION LTD., KADRA–581396, TAL. KARWAR, DIST. UTTAR KANNADA. 6. SRI. SURESH S/O. SIDDAPPA SALENNAVAR, AGE. 59 YEARS, OCC. PUMP OPERATOR WATER SUPPLY, KARNATAKA POWER CORPORATION LTD., KADRA–581396, TAL. KARWAR, DIST. UTTAR KANNADA. 7. SRI. T.G. LAKSHMIAH S/O. GAVIAIAH, AGE. 49 YEARS, OCC. PUMP OPERATOR WATER SUPPLY, KARNATAKA POWER CORPORATION LTD., KADRA–581396, TAL. KARWAR, DIST. UTTAR KANNADA. 8. SMT. SUSHMA W/O. SUGUNARAVATH, AGE. 56 YEARS, OCC. GARDENER GUEST HOUSE, KARNATAKA POWER CORPORATION LTD., KADRA–581396, TAL. KARWAR, DIST. UTTAR KANNADA. 9. SRI. APPANNA S/O. CHANNAPPA CHUNCHA, AGE. 79 YEARS, OCC. RETIRED PUMP OPERATOR WATER SUPPLY, KARNATAKA POWER CORPORATION LTD., KADRA–581396, TAL. KARWAR, DIST. UTTAR KANNADA. …COMPLAINANTS
(BY SRI. RAGHUVEER R.SATTIGERI, ADVOCATE AND SRI. CHETAN MUNNOLI, ADVOCATE)
AND:
1. SHRI. GAURAV GUPTA, MANAGING DIRECTOR, KARNATAKA POWER CORPORATION LTD. (KPCL) RACE COURSE ROAD,
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HC-KAR NC: 2025:KHC-D:8457-DB CCC No. 100079 of 2025
BENGALURU-560001. 2. SHRI. RAJASHEKHAR M., CHIEF ENGINEER, KARNATAKA POWER CORPORATION LTD., GANESHGUDI-581365, DIST. UTTAR KANNADA. …ACCUSED
3. STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHAN SOUDHA, BENGALURU-560001. …PROFORMA RESPONDENT
(BY SRI. S.H. PRASHANT, ADVOCATE FOR A1 AND A2;
SRI. G.K. HIREGOUDAR, GOVT.
ADVOCATE FOR R3)
THIS CONTEMPT PETITION IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING COMMITTED CONTEMPT BY WILFUL DISOBEDIENCE OF THE ORDER DATED 20.02.2024 PASSED IN WP NO.75671/2013 BY THE SINGLE JUDGE, PRODUCED AT ANNEXURE-A, AND THE ORDER DATED 30.06.2012 PASSED IN ID NO.55/2007 BY THE INDUSTRIAL TRIBUNAL, HUBLI PRODUCED AT ANNEXURE-B, AND PUNISH THE ACCUSED, AND PASS SUITABLE ORDERS AS THIS COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:8457-DB CCC No. 100079 of 2025
CORAM:
THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
The contempt petition has been filed by the petitioners herein alleging non-compliance of the directions issued by the learned Single Judge in W.P.No.75671/2013 dated 20.02.2024 and the orders passed by the Industrial Tribunal in I.D.No.55/2007 dated
30.06.2012.
2. On the previous date of hearing, i.e., on 09.06.2025, this Court took note of the compliance affidavit dated 02.06.2025 filed at the hands of the respondents herein. Having gone through the affidavit, this Court found that although there was a finding given by the Industrial Tribunal and the learned Single Judge that the relationship of employer and employee has been established, nevertheless in the complainant’s affidavit, it is stated that there is no direct employment relationship
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HC-KAR NC: 2025:KHC-D:8457-DB CCC No. 100079 of 2025
between the complainant and KPCL. We found that the statement would go against the finding given by the Tribunal as well as the learned Single Judge. However, the learned counsel for respondents took us through the affidavit and pointed out that the decision taken by the respondents is based on a circular dated 04.09.2023 issued by the Government of Karnataka and the same has been followed by the KPCL throughout. We therefore
directed the respondents to file another affidavit stating as to whether any such employee who was working on contractual basis/temporary basis/daily wages has been regularized with the respondent-Corporation. Accordingly, one more affidavit was filed on 23.06.2025 and in paragraph No.5 it is specifically stated that after verifying from the records available, it is found that the respondent-KPCL has not regularized any employee, till date, who was working on contractual/temporary/daily wages basis with the Corporation, since the date of circular dated 04.09.2013 issued by the Government of Karnataka.
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HC-KAR NC: 2025:KHC-D:8457-DB CCC No. 100079 of 2025
3. Today learned counsel for the petitioners has filed a reply to the second affidavit filed at the hands of the respondents.
4. Having regard to the endorsement dated 19.06.2025, issued to the petitioners, we are satisfied that the same would meet the directions issued by the learned Single Judge and the Industrial Tribunal. However, if the petitioners are aggrieved of the endorsement, liberty is reserved to the petitioners to raise a challenge to the endorsement dated 19.06.2025. The contempt petition is accordingly closed.
Sd/- (R.DEVDAS) JUDGE
Sd/- (K V ARAVIND) JUDGE NAA CT: UMD List No.: 1 Sl No.: 30