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2025 DAILYLAW 86141 (KAR)

MANGALORE CITY CORPORATION v. SOUTH KANARA MUNICIPAL EMPLOYEES UNION

WA/693/2025 · 2025-12-15

D K Singh, Tara Vitasta Ganju

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53430-DB WA No. 693 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 693 OF 2025 (L-RES) BETWEEN: MANGALORE CITY CORPORATION, M.G. ROAD, LALBAGH, MANGALORE, BY ITS COMMISSIONER-575 001. …APPELLANT (BY SRI. K.N. NITISH FOR SRI K V NARASIMHAN., ADVOCATE) AND: 1. SOUTH KANARA MUNICIPAL EMPLOYEES UNION REP. BY THE GENERAL SECRETARY 97, CENTRAL MARKET, MANGALURU-575 001. 2. THE SECRETARY GOVERNMENT OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT M.S. BUILDING, BENGALURU-560 001. …RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR RESPONDENTS) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WP No-31505/2018 (L-RES) DATED 18.04.2024. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 2 - HC-KAR NC: 2025:KHC:53430-DB WA No. 693 of 2025 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal is filed impugning the order dated 18.04.2024 passed by the learned Single Judge in W.P.No.31505/2018. 2. The writ petition was filed by the appellant- Corporation impugning the award passed by the Industrial Tribunal in Reference No.313/2001. The Industrial Tribunal answered the reference and held that: i. The Tribunal had jurisdiction to entertain the reference as the Corporation was an industry as defined under Section 2(j) of the Industrial Dispute Act, 1947. ii. The claim of the Union for its workers seeking regularization of service was justified and by the impugned award, directed the Corporation to regularize the services of the workmen. - 3 - HC-KAR NC: 2025:KHC:53430-DB WA No. 693 of 2025 3. Learned Single Judge having considered the submissions of the appellant-Corporation held that triple test as enumerated in Bangalore Water Supply and Sewerage Board Vs. A. Rajappa & Others (1998) 2 SCC 213 squarely applies in the present case. 4. The workmen have been working from 1987 onwards. The long duration in employment since 1987 in the Corporation would suggest the requirement of the permanent jobs in the Corporation for these workmen. We, therefore, do not find that the impugned judgment and order passed by the learned Single Judge suffers from any irregularity. We find no merits in this appeal. Accordingly, the appeal stands dismissed. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE RKA, List No.: 1 Sl No.: 23 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA