Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44353 WP No. 5505 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 5505 OF 2019 (GM-RES) BETWEEN:
SRI. MOHAMMAD RAFIQ SON OF ABDUL REHAMAN AGED ABOUT 49 YEARS, OCCUPATION:CONSTRUCTION WORKER R/AT UJRUPADE MANE KADABA VILLAGE AND POST PUTTUR TALUK DAKSHINA KANNADA - 574 221 …PETITIONER (BY SMT. JEEVANA H. REDDY, ADVOCATE FOR SRI. B.R. SRINIVASA REDDY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY LABOUR DEPARTMENT M.S BUILDING DR.B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE KARNATAKA BUILDING AND OTHER CONSTRUCTION WORKERS' WELFARE BOARD KALYANA SURAKSHA BHAVANA GOVERNMENT ITI COMPOUND NEAR BANGALORE DAIRY CIRCLE BANNERUGHATTA ROAD, BENGALURU - 560 029 BY ITS SECRETARY. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:44353 WP No. 5505 of 2019
3. THE KARNATAKA BUILDING AND OTHER CONSTRUCITON WORKERS' WELFARE BOARD 2ND FLOOR, PRAKRUTHI COMMERCIAL COMPLEX, NEAR BUNTS HOSTEL, KADRI ROAD, D.K SUB-DIVISION-2 MANGALURU - 575 001 BY ITS OFFICER …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1;
R2 AND R3 - SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM R-2 AND QUASH THE IMPUGNED ENDORSMENT DATED 30.10.2018 ISSUED BY THE R-3 VIDE ANNEXURE-G.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
Heard the learned counsel appearing for the parties. 2. In this Writ Petition, petitioner is assailing the Endorsement dated 30.10.2018 (Annexure-G) issued by the respondent No.3. 3. It is the case of the petitioner that the petitioner hails from a economically weaker section of the
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HC-KAR NC: 2025:KHC:44353 WP No. 5505 of 2019
society and the petitioner being a construction worker has registered his name with respondent No.2. It is also stated that petitioner has celebrated the marriage of his daughter - Kumari Safa. Petitioner is governed by Hanafi School of Law and is a Muslim by religion. The petitioner has filed the relevant documents to respondent-authorities seeking benefit under the provisions of the Building and Other Construction Workers Karnataka Rules, 2006.
The said application made by the petitioner was considered by issuing an Endorsement by respondent-authorities directing the petitioner to furnish the relevant documents as per Rule 49 clause 6 of the aforementioned Rules. Being aggrieved by the same, petitioner has presented this writ petition. 4. Heard Smt. Jeevana H. Reddy, learned counsel for Sri. B.R. Srinivasa Reddy, learned counsel appearing for the petitioner and Sri.Mahanthesh Shettar, learned AGA for respondent. - 4 -
HC-KAR NC: 2025:KHC:44353 WP No. 5505 of 2019
5. It is argued by the learned counsel appearing for the petitioner by referring to the memo dated 10.10.2025 wherein, the Certificate of Marriage before the Registrar was produced and same has to be considered by the respondent authorities. 6. Per contra, Sri.Mahanthesh Shettar, learned AGA sought to justify the impugned Endorsement and submitted that the petitioner is to produce the relevant certificate of Registration of Marriage as per Rule 49(6) of the aforementioned Rules and same shall be considered by the respondent-authorities. 7. Having taken note of the submission made by the learned counsel appearing for the parties, the petitioner is claiming benefit under the aforementioned Rules and in this regard, petitioner has to furnish the relevant documents as per Rule 49(6) of the aforementioned Rules. In that view of the matter, taking into consideration the memo dated 10.10.2025 filed by the petitioner herein, I am of the view that, it is open for the
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HC-KAR NC: 2025:KHC:44353 WP No. 5505 of 2019
petitioner to approach the competent authority by producing the Marriage Certificate as mentioned in the memo dated 10.10.2025 to the competent authority within two weeks from the receipt of copy of this order and if such a representation along with relevant documents that may be filed by the petitioner, same shall be considered by respondent No.2 in accordance with law, within an outer limit of three months. With these observations, writ petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE
GPG List No.: 1 Sl No.: 32