Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:48397 WP No. 16580 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 16580 OF 2021 (L-RES)
BETWEEN:
SRI. GURUMALLESH, S/O. SRI. MALLESHAIAH, AGED ABOUT 40 YEARS, RESIDING AT NO. 96/1, KUVEMPU NAGAR, KAGGALIPURA POST, NEAR URDU SCHOOL ROAD, KANAKAPURA MAIN ROAD, BENGALURU - 560 082. &PETITIONER (BY SMT. SANGEETHA, ADVOCATE FOR SRI. SRINIVASA K., ADVOCATE)
AND:
1. THE DIRECTOR (ADMIN AND HR), KPTCL, CORPORATE OFFICE, KAVERY BHAVAN, BENGALURU - 560 009. 2. THE MANAGING DIRECTOR, BESCOM, K.R.CIRCLE, BENGALURU - 560 001. 3. THE CHIEF ENGINEER (ELECTRICAL) B.M.A.Z., BESCOM, K R CIRCLE, BENGALURU - 560 001. 4. THE EXECUTIVE ENGINEER (ELECTRICAL) BESCOM, ADDL. SOUTH DIVISION,
Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:48397 WP No. 16580 of 2021
KORAMANGALA, BENGALURU - 560 001. &RESPONDENTS (BY SRI. SREENIVAS, ADVOCATE FOR SRI. B.L.SANJEEV FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER Smt.Sangeetha., counsel on behalf of K.Srinivasa., for the petitioner and Sri.Srinivasa., counsel on behalf of Sri.B.L.Sanjeev., for respondents 1 to 4 have appeared in person. The writ petition is filed seeking the following prayers. 1. Issue a writ of Mandamus directing the respondents to consider his case for absorption as Probationary Mazdoor with all other consequential benefits, OR IN THE ALTERNATIVE
2. Issue a writ of Certiorari to quash the award dated 12.07.2017, passed by the Labor Court in
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HC-KAR NC: 2025:KHC:48397 WP No. 16580 of 2021
Ref No. 46/2015 vide Annexure-H and remand the matter to the Labor Court with an opportunity to the petitioner to prosecute the dispute. Counsel appearing for the respective parties urged several contentions. Heard the arguments and perused the writ papers with care. The petitioner, being the claimant, raised a dispute before the Labor Court. Despite the grant of time, he failed to tender his evidence. Accordingly, the reference came to be dismissed for non-prosecution on 12th day of July 2017. Strangely, he filed a writ petition after a lapse of almost four years in 2021.
There is an inordinate delay in filing the writ petition. Hence, the writ is liable to be rejected on the grounds of delay and latches. Resultantly, the writ petition is dismissed on the grounds of delay and latches. As the writ is dismissed question of issuing a writ of mandamus to consider the petitioner9s case for absorption does not arise. Resultantly, the writ petition is dismissed. - 4 -
HC-KAR NC: 2025:KHC:48397 WP No. 16580 of 2021
Because of dismissal of Writ Petition, pending interlocutory applications if any are disposed of and interim relief if any stands discharged. SD/- (JYOTI M) JUDGE KMV List No.: 1 Sl No.: 34