- 1 - NC: 2025:KHC-D:5964-DB WA No. 100357 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 100357 OF 2023 (GM-TEN) BETWEEN: M/S. KINGS SECURITY GUARDS SERVICES PVT. LTD., NO.3/70, VISHWAS KHAND, GOMATI NAGAR, LUCKNOW 226 001, UTTER PRADESH, REPRESENTED BY ITS PROPRIETOR. …APPELLANT (BY SRI HARSH DESAI, ADVOCATE) AND: 1. DHARWAD DISTRICT SC/ST POURA KARMIKAR NAUKARAR SANGH, KARKI BASAVESHWARA NAGAR, 2ND CROSS ROAD, HUBBALLI-580 020, REPRESENTED BY ITS PRESIDENT-VIJAY M.GUNTRAL. 2. THE MINISTRY OF RAILWAYS UNION OF INDIA, RAIL BHAVAN, RAISINA ROAD NEW DELHI-110001, REPRESENTED BY ITS SECRETARY. 3. THE MINISTRY OF LABOUR AND EMPLOYMENT, UNION OF INDIA, SHRAM SHAKTI BHAWAN, RAFL MARG, NEW DELHI-110001, REPRESENTED BY ITS SECRETARY. 4. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA BENGALURU-560001. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5964-DB WA No. 100357 of 2023 5. THE SOUTH WESTERN RAILWAYS, HUBBALLI-580020, KARNATAKA, REPRESENTED BY ITS DIVISIONAL RAILWAY MANAGER. 6. THE ASSISTANT LABOUR COMMISSIONER (CENTRAL), CTS NO.2773/4B, OPPOSITE HDMC PARK, HUBBALLI-580023. 7. THE KARNATAKA STATE COMMISSION FOR SAFAI KARAMCHARIS, NO.1/14, GROUND FLOOR, SOUTH WING, SILVER JUBILEE BLOCK, PART OF UNITY BUILDING COMPLEX, MISSION ROAD, BENGALURU-560002. …RESPONDENTS (BY SRI D.M. MALLI, ADVOCATE FOR R1; SRI VENKATESH KHARVI, DSGI, ADVOCATE FOR R2, R3 AND R5; SRI V.S. KALASURMATH, ADDL. GOVT. ADV. FOR R4 AND R6; SRI J.D. KASHINATH, ADVOCATE, SRI RAMESHAPPA N.G., ADVOCATE AND SRI SUNILKUMAR P.BANGARI, ADVOCATE FOR R7) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE INTERIM ORDER DATED 21-04-2023 PASSED BY THE SINGLE JUDGE IN WP NO.100595 OF 2023 (GM-TEN), IN THE INTEREST OF JUSTICE. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - NC: 2025:KHC-D:5964-DB WA No. 100357 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This intra-Court appeal filed under Section 4 of the Karnataka High Court Act, 1961, by respondent No.7 before the learned Single Judge is directed against the impugned order dated 21.04.2023 passed in W.P. No.100595/2023, whereunder appellant-7th respondent is directed to engage the services of Adhoc employees as indicated in the list by selecting 52 out of 92 employees as per seniority. 2. The above writ appeal was filed on 22.05.2023, no interim order is granted by this Court and the appeal is pending. 3. Respondent No.1 herein is before the learned Single Judge in WP No.100595/2023 praying for direction to respondent No.1/Ministry of Railways as well as respondent No.4/South Western Railways not to replace the safaikaramcharis working in Hubballi Railway Station with another set of contract/daily wage or any other adhoc - 4 - NC: 2025:KHC-D:5964-DB WA No. 100357 of 2023 workers. The petitioner has also sought for allied reliefs. In the said writ petition, interim order is passed directing the appellant/respondent No.7 before the writ Court to engage the services of Adhoc employees as indicated in the list by selecting 52 out of 92 employees as per seniority. The said direction was issued on the statement made by the appellant/respondent No.7 that it can employ only 52 employees having regard to the fact that substantial work is accomplished by using machines. Therefore, we cannot find fault with the interim order passed by the learned Single Judge. The main writ petition is pending consideration before the learned Single Judge. It is open for the parties to urge all the contentions before the learned Single Judge. 4. In view of the above circumstances, we are of the considered view that the appellant/respondent No.7 has not made out any ground to interfere with the impugned interim order. Accordingly, writ appeal stands rejected. - 5 - NC: 2025:KHC-D:5964-DB WA No. 100357 of 2023 Pending I.As. do not survive for consideration and are disposed of accordingly. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE VMB, CT: UMD List No.: 1 Sl No.: 6