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2025 DAILYLAW 60272 (KAR)

ARUN S/O GOVIND DESAI v. THE STATE OF KARNATAKA

WP/106813/2025 · 2025-09-16

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12109 WP No. 106813 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106813 OF 2025 (S-REG) BETWEEN: 1. ARUN S/O. GOVIND DESAI, AGE: 55 YEARS, OCC. HAMALI, R/O. AKETI, TQ. SUPA, DIST. UTTAR KANNADA-581453. 2. SHIVAJI S/O. ARJUNRAO NELVADE, AGE: 55 YEARS, OCC. HAMALI, R/O. KYALKOND, TQ. SHIGGAON, DIST. HAVERI- 581205. …PETITIONERS (BY SRI. PRAVEENKUMAR G. KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, VIDHAN SOUDHA, BENGALURU- 01. 2. AUDIT GENERAL (GE6-A) BENGALURU, KARNATAKA-01. 3. COMMISSIONER COMMERICIAL TAX COMMERCIAL TAX OFFICE, GANDI NAGAR, BENGALURU- 01. 4. JOINT COMMISSIONER (INTELLIGENCE COMMERCIAL TAX, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12109 WP No. 106813 of 2025 NAVANAGAR, HUBBALLI- 25, COMMERCIAL TAX OFFICE, HUBBALLI. 5. DEPUTY LABOUR COMMISSIONER BELAGAVI REGIONAL, BELAGAVI, DIST. BELAGAVI. …RESPONDENTS (BY SRI.SHARAD V. MAGADUM, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO CONSIDER REPRESENTATION DATED 26-06-2025 FILED BY THE PETITIONER NO.1 VIDE ANNEXURE-F. B) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO CONSIDER REPRESENTATION DATED 11-06-2025 FILED BY THE PETITIONER NO.2 VIDE ANNEXURE-E. C) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO RELEASE ALL THE CONSEQUENTIAL BENEFITS AND WAGES ACCORDING TO THE MINIMUM WAGES ACT AND ARREARS. D) PASS SUCH OTHER ORDER AS THIS HON BLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCE OF THE CASE TO MEET THE ENDS OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:12109 WP No. 106813 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for Respondent Nos. 1 to 5. 2. The petitioners are before this Court seeking for the following reliefs: a. Issue writ of Mandamus directing the respondent No.3 to consider representation dated 26-06-2025 filed by the petitioner no.1 vide Annexure-F. b. Issue writ of Mandamus directing the respondent No.3 to consider representation dated 11-06-2025 filed by the petitioner no.2 vide Annexure-E. c. Issue writ of Mandamus directing the respondent No.3 to release all the consequential benefits and wages according to the minimum wages Act and arrears. d. Pass such other order as this Hon’ble Court deems fit and proper under the facts and circumstance of the case to meet the ends of justice and equity. 3. The petitioners have submitted representations to Respondent No.3 seeking regularization of their services, stating that they have been continuously working for the past 20 years on an annual basis. It is contended that their - 4 - HC-KAR NC: 2025:KHC-D:12109 WP No. 106813 of 2025 representations dated 26.06.2025 (Annexure-F) and 11.06.2025 (Annexure-E) have not been considered till date. 4. In view of the fact that the petitioners claim to have rendered services for nearly two decades, it would be just and appropriate for Respondent No.3 to consider the said representations and pass appropriate orders in accordance with law. Accordingly, this writ petition stands disposed of with a direction to Respondent No.3 to consider the petitioners’ representations dated 26.06.2025 and 11.06.2025, and to pass a reasoned and speaking order thereon, strictly in accordance with law, within a period of four weeks from the date of receipt of a certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 5