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2025 DAILYLAW 68478 (KAR)

KARNATAKA STATE FOREST DAILY WAGE EMPLOYEES v. THE STATE OF KARNATAKA

WP/13009/2020 · 2025-11-12

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46282 WP No. 13009 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 13009 OF 2020 (S-RES) BETWEEN: KARNATAKA STATE FOREST DAILY WAGE EMPLOYEES, P.C.P. NOUKARARA SANGA (R), REPRESENTED BY ITS PRESIDENT, SRI. H. CHANDRAPPA NO.2.24, DURGAPARAMESHWARI NILAYA, GOPALAGOWDA EXTENSION, SHIMOGA - 577 233. …PETITIONER (BY SRI. GIRISHA B.N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FORESTS, M.S.BUILDING, BANGALORE - 560 001. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46282 WP No. 13009 of 2020 2. THE CHIEF CONSERVATOR OF FOREST GOVT. OF KARNATAKA, ARANYA BHAVANA, 18TH CROSS MALLESHWARAM, BANGALORE - 560 003. 3. THE RANGE FOREST OFFICER SHOMOGA RANGE, SHIMOGA, SHIMOGA DISTRICT. …RESPONDENTS (BY SRI. B.J. ESHWARAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS RELATING TO THE ENGAGEMENT OF THE MEMBERS OF THE PETITIONERS AS PER THE SERVICE PARTICULARS GIVEN IN THE ANNEXURE-B ON DAILY WAGE BASIS AND THEIR RECORDS MAINTAINED REGARDING THEIR PAYMENT AND DECLARE NON FURNISHING OF THE PAY SLIP AND THE DETAILS OF THE DEDUCTIONS AND THE INCREASED MONTHLY REMUNERATION, IS CLEARLY VIOLATIVE OF ARTICLE 14 AND 16(1) OF THE CONSTITUTION OF INDIA AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:46282 WP No. 13009 of 2020 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this petition seeking for the following prayers: " For reason stated above, this Hon'ble court may kindly be pleased to; I. Call for the entire records relating to the engagement of the members of the petitioners as per the service particulars given in the Annexure-B On daily wage basis and their records maintained regarding their payment and declare non furnishing of the pay slip and the details of the deductions and the increased monthly remuneration, is clearly violative of Article 14 and 16(1) of the constitution of India; II. Declare the deductions from the payment of the members of the petitioner are payable to the contract as illegal and without authority. The said contractors have not followed the Labour Act. And consequently failed to deposit the Provident Fund, Gratuity, etc. in the account of the members of the petitioner and consequentially direct the respondents to issue to the members of the petitioners proper pay slip, statements of salary details towards the payment and the amount as increased from time to time under the Government orders along with arrears and interest at 12% per annum as per Government orders. III. Issue a writ in the nature of mandamus to consider the claims of the members of the petitioners for the service benefits in terms of the Karnataka Daily Wage Welfare Act. 2012 by holding them eligible for the benefits under the said Act for - 4 - HC-KAR NC: 2025:KHC:46282 WP No. 13009 of 2020 the long service rendered by the petitioner with all monetary benefits; AND IV. Pass such other orders or direction as this Hon'ble court may be deemed fit in the circumstances of the case, in the interest of justice and equity." 2. Brief facts, leading rise to the filing of this petition are as follows: The claim of the petitioner that is the petitioner submitted representations to the respondents with a request to provide service particulars to the daily wages employees as per the provisions of the Karnataka Daily Wages Social Welfare Act, 2012. The said representations were submitted vide Annexures - F and G dated 07.12.2017 and 22.02.2020 respectively and submits that no order has been passed by the respondents on the said representations. Hence, prays to issue a direction to the respondents to consider the representations and pass the appropriate orders in accordance with the Karnataka Daily Wages Social Welfare Act, 2012. - 5 - HC-KAR NC: 2025:KHC:46282 WP No. 13009 of 2020 2. Learned AGA submits that if reasonable time is granted, the respondents would consider the representations supra and pass the appropriate orders in accordance with law. 3. In view of the submission made by learned AGA, the writ petition is allowed in part. The respondents are directed to consider Annexures - F and G dated 07.12.2017 and 22.02.2020 and pass the appropriate orders in accordance with law, within eight weeks from the date of receipt of copy of this order. Sd/- (ASHOK S.KINAGI) JUDGE BSV List No.: 1 Sl No.: 25