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2025 DAILYLAW 55894 (KAR)

SMT.C.D SHAKUNTHALA v. THE STATE OF KARNATAKA

WP/12552/2025 · 2025-07-04

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24047 WP No. 12552 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12552 OF 2025 (CS-RES) BETWEEN: SMT.C.D SHAKUNTHALA W/O JS CHANDRASHEKAR AGED ABOUT 40 YEARS KR PETE TALUK, JAKKANAHALLI VILLAGE SHILANAKERE POST BUKANAKERE HOBLI MYSURU DISTRICT-571 426 PRESENTLY WORKING AS A CEO …PETITIONER (BY SRI. SANDESH T.B..,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING AMBEDKAR VEEDHI BENGALURU-560 001 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES PANDAVAPURA SUB-DIVISION PANDAVAPURA MANDYA DISTRICT-571 434 3. THE SPECIAL OFFICER, THE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., JAKKANAHALLI, SHEELANERE POST BHUKANAKERE HOBLI Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24047 WP No. 12552 of 2025 K.R.PETE TALUK MANDYA DISTRICT - 571 4026 4. THE MILK PRODUCERS WOMENS CO-OPERATIVE SOCIETY LTD., JAKKANAHALLI, SHEELANERE POST BHUKANAKERE HOBLI KR PETE TALUK MANDYA DISTRICT-571 426 …RESPONDENTS (BY SRI.K.L.SRINIVAS .,ADVOCATE FOR C/R-4; SRI.YOGESH D.NAIK., AGA FOR R-1 TO R-3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD 15.04.2025 IN APPEAL NO. 79/2024 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL VIDE ANNX-E. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: i) Issue a writ in the nature of certiorari to set aside the impugned order dated 15.04.2025 in appeal No.79/2025 passed by the Karnataka Appellate Tribunal Vide Annexure-E. ii) Pass such other orders as may be appropriate in facts and circumstances of the case, in the ends of justice and equity. - 3 - HC-KAR NC: 2025:KHC:24047 WP No. 12552 of 2025 2. What is under challenge is grant of the interim order dated 15.4.2025 in Appeal No.79/2025 by the Karnataka Appellate Tribunal. 3. The petitioner has filed a dispute as regards the dismissal in Dispute No.AR40/DDS/02/2020-21 vide Annexure-A. The said dispute has been allowed and the petitioner was directed to be reinstated into service, which was challenged by the society in Appeal No.79/2025 before the Karnataka Appellate Tribunal. By the impugned order, the Appellate Tribunal stayed the said order on the ground that the society has not been made a party to the dispute and as such an award passed is not binding on the society. Therefore, petitioner is before this Court. 4. The submission of counsel for the petitioner is that the society was made a party to the dispute inasmuch as Respondent No.8 therein was Smt. Jayalakshmi, who was shown as in-charge Chief Executive Officer ('CEO' for short) of the society and - 4 - HC-KAR NC: 2025:KHC:24047 WP No. 12552 of 2025 as such he submits that the society being a party to the said dispute, the society is bound by the order passed in the dispute. 5. Having gone through the cause title in the dispute, it is categorically seen that Smt. Jayalakshmi was shown as Respondent No.8 and her designation was shown as in-charge CEO of the Society. The cooperative Society was not made a party represented by the in-charge CEO. Per contra, it is Smt. Jayalakshmi as in-charge CEO has been made a party. 6. Therefore, I am unable to agree with the contention raised by learned counsel for the petitioner that the cooperative society was made a party. In my considered opinion, the co-operative society was not a party to the dispute and as such the Karnataka Appellate Tribunal has rightly come to the conclusion that the said order is not binding on the society and as such stayed the operation of the said order. - 5 - HC-KAR NC: 2025:KHC:24047 WP No. 12552 of 2025 7. In that view of the matter, no grounds being made out in the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE GSS List No.: 1 Sl No.: 19