- 1 - HC-KAR NC: 2025:KHC:25832-DB WP No. 18740 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 18740 OF 2024 (S-KSAT) BETWEEN: 1. M NAGAPPA S/O MUNISHETTY AGED ABOUT 61 YEARS RETIRED AS COOK (DAILY WAGE EMPLOYEE) GOVERNMENT POST METRIC BOYS HOSTEL-1, CHINTHAMANI CHIKKABALLAPUR. 2. SHIVANNA S/O MUNIVENKATAPPA AGED ABOUT 54 YEARS WORKING AS COOK (DAILY WAGE EMPLOYEE) GOVERNMENT POST METRIC BOYS HOSTEL 1, CHINTHAMANI CHIKKABALLAPUR. 3. MAHAZAN W/O CHAN PASHA AGED ABOUT 60 YEARS RETIRED AS COOK (DAILY WAGE EMPLOYEE) GOVERNMENT POST METRIC BOYS HOSTEL 1, CHINTHAMANI CHIKKABALLAPUR. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25832-DB WP No. 18740 of 2024 4. MANJUNATHA S/O SRIRAMAPURA AGED ABOUT 56 YEARS WORKING AS COOK (DAILY WAGE EMPLOYEE) GOVERNMENT BOYS HOSTEL, SADALI SIDLAGATA TALUK, CHIKKABALLAPUR. …PETITIONERS (BY SRI. SRINIVASA M. A., ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF SOCIAL WELFARE VIKASA SOUDHA BANGALORE- 560001. 2. COMMISSIONER SOCIAL WELFARE DEPARTMENT M S BUILDING BANGALORE -560001. 3. DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT CHIKKABALAPURA CHIKKABALAPUR DISTRICT-562101. …RESPONDENTS (BY SRI. V SHIVA REDDY, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN A.NO-5768 TO 5774/2022 ON FILE OF THE KSAT B) ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER AS AT ANNEXURE-A DATED 23.06.2023 IN A.NO-5768 TO 5774/2022 ON THE FILE OF THE KSAT AND FURTHER DIRECT THE RESPONDENTS TO GRANT THE ARREARS SALARY IE FROM 2013 TO 17.11.2021 BY QUASHING THE ENDORSEMENT DATED 12.05.2022. - 3 - HC-KAR NC: 2025:KHC:25832-DB WP No. 18740 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioners are before this Court under Article 226 of the Constitution of India, aggrieved by the order dated 23.06.2023 in Applications No.5768, 5769, 5773 and 5774 of 2022 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short “Tribunal”) rejecting petitioner’s challenge to endorsement dated 12.05.2022 (Annexure-A12) whereunder, petitioner’s request to grant benefit of Karnataka Daily Wage Employees Act, 2012 (for short “2012 Act”), from the date, the Act came into force. 2. Heard Sri.Srinivasa M.A., learned counsel for petitioners and Sri.V.Shivareddy, learned AGA for respondents. - 4 - HC-KAR NC: 2025:KHC:25832-DB WP No. 18740 of 2024 3. Learned counsel for the petitioners would submit that the petitioners worked for nearly 30 years as daily wage employees. The State Government brought into force 2012 Act to extend certain benefits of pay, leave and terminal benefits to the daily wage employees. In terms of the said Act, the petitioners were entitled for benefits. As the respondents failed to extend the benefit of 2012 Act to the petitioners, they were before the Tribunal in Applications No.8009-8019/2018 and the Tribunal, by order dated 10.12.2018 directed the authorities to consider the grievance of the petitioners, keeping in mind the benefit granted to one Mr.Anjanappa (Annexure-A7) and to pass appropriate orders. In pursuance of the said direction of the Tribunal, the respondent-Authorities under O.M. dated 06.12.2021 extended the benefits of 2012 Act to the petitioners. Learned counsel for the petitioners would submit that the petitioners would be entitled for the benefits of 2012 Act from the date it came into force or at least from the date of the Tribunal’s order i.e., from - 5 - HC-KAR NC: 2025:KHC:25832-DB WP No. 18740 of 2024 10.12.2018. Learned counsel for the petitioners would submit that the State Government has taken nearly 3 years to implement the order passed by the Tribunal and extended benefit under O.M. dated 06.12.2021 which is arbitrary and unreasonable. Learned counsel would further submit that other similarly situated persons are extended benefit from 2013 itself. Therefore, it is prayed that benefits of 2012 Act be extended to the petitioners, either from the date of coming into force of 2012 Act or from the date of order of the Tribunal i.e., from 10.12.2018. Thus, he prayed for allowing the writ petition. 4. Sri.V.Shivareddy, learned AGA vehemently opposes the prayer of the petitioners and submits that in terms of 2012 Act, the petitioners would be entitled for benefit of 2012 Act only from the date of notifying the benefits to the petitioners as stated in O.M. dated 06.12.2021. Thus, he prays for dismissal of the writ petition. - 6 - HC-KAR NC: 2025:KHC:25832-DB WP No. 18740 of 2024 5. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, we are of the considered opinion that the petitioners would be entitled for the benefit of 2012 Act at least from the date of Tribunal’s order dated 10.12.2018. 6. The petitioners were initially appointed on daily wage basis and they are continued as such, for more than 10 years. The State Government brought into force 2012 Act to provide for better welfare to the daily wage workmen who have worked for more than 10 years in various Government Departments and Establishments and to give minimum security of tenure and better wage and certain social security on termination from long public service. The Act came into force on 15.02.2013, the date on which it was published in the official gazette. Thereafter, various circulars and Government Orders have been issued for implementation of the provisions of 2012 Act. As the respondents failed to extend the benefit of 2012 Act, the - 7 - HC-KAR NC: 2025:KHC:25832-DB WP No. 18740 of 2024 petitioners were constrained to approach the Tribunal in Application Nos.8009-8012/2018, praying for a direction to the respondents to extend the benefit of 2012 Act. The Tribunal, under its order dated 10.12.2018 directed the respondents to consider the cases of the petitioners, keeping in mind the relief granted to one Mr.Anjanappa. Annexure-A4, letter dated 11.08.2015 of the District Social Welfare Office at Chikkaballapura. It is seen that one Mr.Anjanappa was granted benefit of 2012 Act from 06.11.2014. The Tribunal further directed the respondents to consider the cases of the petitioners for grant of benefits under 2012 Act. 7. Section 4 of 2012 Act provides for pay, leave and terminal benefits to daily wage employees who are continued in service. It also provides for pay to a daily wage employee at minimum time scale of pay, apart from gratuity, leave and other benefits. Admittedly, the Tribunal has passed the order on 10.12.2018 to consider - 8 - HC-KAR NC: 2025:KHC:25832-DB WP No. 18740 of 2024 the cases of the petitioners for grant of benefits of 2012 Act. But, the respondents-authorities took nearly 3 years to implement the said order. The petitioners were granted benefits of 2012 Act under O.M. dated 06.12.2021. The State has unreasonably delayed the implementation of the Tribunal’s order. In the light of 2012 Act as well as in the light of the Tribunal order, the petitioners were entitled for the benefit of 2012 Act, at least from the date of Tribunal’s order i.e., 10.12.2018. Non-granting benefits of 2012 Act to the petitioners from the Tribunal’s order is arbitrary and unreasonable. When the State has granted benefits of 2012 Act to other similarly situated persons from earlier point of time, the petitioners could not have been denied the benefits of 2012 Act at least from the date of Tribunal’s order. 8. In the above circumstances, the following order: The writ petition is allowed in part. The order dated 23.06.2023 in Applications No.5768, 5769, 5773 and 5774 of 2022 passed by the Karnataka State Administrative - 9 - HC-KAR NC: 2025:KHC:25832-DB WP No. 18740 of 2024 Tribunal, Bengaluru is modified holding that the petitioners would be entitled for benefits of 2012 Act, from the date of Tribunal’s order dated 10.12.2018 in Applications No.8009-8019 of 2018. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MPK CT:bms List No.: 1 Sl No.: 45