- 1 - HC-KAR NC: 2025:KHC:47007 WP No. 19983 of 2025 C/W WP No. 20233 of 2025 WP No. 20257 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 19983 OF 2025 (CS-RES) C/W WRIT PETITION NO. 20233 OF 2025 (CS-RES) WRIT PETITION NO. 20257 OF 2025 (CS-RES) WRIT PETITION NO. 20382 OF 2025 (CS-RES) IN WP NO. 19983/2025 BETWEEN: SRI. K.P. CHETHAN, S/O SRI. PALANGAPPA K.D., AGED ABOUT 38 YEARS, R/AT KATAKERI VILLAGE, MADE POST, MADIKERI TALUK, KODAGU DISTRICT - 571 201. …PETITIONER (BY SRI. VARUN J. PATIL, ADVOCATE) AND: 1. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES, MYSURU REGION, PALACE OFFICES BUILDING MYSURU - 570 004. 2. KODAGU DISTRICT CENTRAL CO- OPERATIVE BANK LTD., (K.D.C.C. BANK LTD.,) GENERAL THIMMAIAH CIRCLE, MADIKERI-571201. REP. BY ITS MANAGER 3. THE PRESIDENT, KODAGU DISTRICT CENTRAL CO-OPERATIVE BANK LTD., (K.D.C.C. BANK LTD.,) Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47007 WP No. 19983 of 2025 C/W WP No. 20233 of 2025 WP No. 20257 of 2025 AND 1 OTHER GENERAL THIMMAIAH CIRCLE, MADIKERI - 571 201. 4. THE CHIEF EXECUTIVE OFFICER, KODAGU DISTRICT CENTRAL CO-OPERATIVE BANK LTD., (K.D.C.C. BANK LTD.,) GENERAL THIMMAIAH CIRCLE, MADIKERI-571201. 5. THE DEPUTY REGISTRAR OF CO- OPERATIVE SOCIETY, MADIKERI DISTRICT, BALABHAVAN BUILDING, MADIKERI - 571 201. …RESPONDENTS (BY SRI. GANGADHAR GURUMATH, SR. ADVOCATE FOR SRI. K.S. BHEEMAIAH, ADVOCATE FOR R2 TO 4 SRI. YOGESH D. NAIK, AGA FOR R1 & 5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 16.06.2023 PASSED IN APPEAL NO. 202/2023 BY THE KAT VIDE ANNEXURE -A. AND ETC., IN WP NO. 20233/2025 BETWEEN: SMT. RATHI C.S @ N.K. RATHI, W/O SRI. KALAPPA, AGED ABOUT 48 YEARS, R/AT BEHIND ITI, MADIKERI, KODAGU DISTRICT - 571 202. …PETITIONER (BY SRI. VARUN J. PATIL, ADVOCATE) AND: 1. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES, MYSURU REGION, PALACE OFFICES BUILDING MYSURU - 570 004. - 3 - HC-KAR NC: 2025:KHC:47007 WP No. 19983 of 2025 C/W WP No. 20233 of 2025 WP No. 20257 of 2025 AND 1 OTHER 2. KODAGU DISTRICT CENTRAL CO- OPERATIVE BANK LTD., (K.D.C.C. BANK LTD.,) GENERAL THIMMAIAH CIRCLE, MADIKERI-571201. A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. REP BY ITS MANAGER. 3. THE PRESIDENT, KODAGU DISTRICT CENTRAL CO-OPERATIVE BANK LTD., (K.D.C.C. BANK LTD.,) GENERAL THIMMAIAH CIRCLE, MADIKERI - 571 201. A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. 4. THE CHIEF EXECUTIVE OFFICER, KODAGU DISTRICT CENTRAL CO-OPERATIVE BANK LTD., (K.D.C.C. BANK LTD.,) GENERAL THIMMAIAH CIRCLE, MADIKERI-571201. A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. 5. THE DEPUTY REGISTRAR OF CO- OPERATIVE SOCIETY, MADIKERI DISTRICT, BALABHAVAN BUILDING, MADIKERI - 571 201. …RESPONDENTS (BY SRI. GANGADHAR GURUMATH, SR. ADVOCATE FOR SRI. K.S. BHEEMAIAH, ADVOCATE FOR R2 TO 4 SRI. YOGESH D. NAIK, AGA FOR R1 & 5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 16.06.2025 PASSED IN APPEAL NO. 203/2023 BY THE KAT VIDE ANNEXURE -A. AND ETC., - 4 - HC-KAR NC: 2025:KHC:47007 WP No. 19983 of 2025 C/W WP No. 20233 of 2025 WP No. 20257 of 2025 AND 1 OTHER IN WP NO. 20257/2025 BETWEEN: SRI. H.N. DAMODARA, S/O SRI. H.T. NAGARAJU, AGED ABOUT 45 YEARS, R/AT HALLADINNE VILLAGE, KASABURU VILLAGE, SOMVARPETE TALUK, KODAGU DISTRICT - 571 276. …PETITIONER (BY SRI. VARUN J. PATIL, ADVOCATE) AND: 1. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES, MYSURU REGION, PALACE OFFICES BUILDING MYSURU - 570 004. 2. KODAGU DISTRICT CENTRAL CO- OPERATIVE BANK LTD., (K.D.C.C. BANK LTD.,) GENERAL THIMMAIAH CIRCLE, MADIKERI-571201. REP. BY ITS MANAGER 3. THE PRESIDENT, KODAGU DISTRICT CENTRAL CO-OPERATIVE BANK LTD., (K.D.C.C. BANK LTD.,) GENERAL THIMMAIAH CIRCLE, MADIKERI - 571 201. 4. THE CHIEF EXECUTIVE OFFICER, KODAGU DISTRICT CENTRAL CO-OPERATIVE BANK LTD., (K.D.C.C. BANK LTD.,) GENERAL THIMMAIAH CIRCLE, MADIKERI-571201. 5. THE DEPUTY REGISTRAR OF CO- OPERATIVE SOCIETY, MADIKERI DISTRICT, BALABHAVAN BUILDING, MADIKERI - 571 201. …RESPONDENTS - 5 - HC-KAR NC: 2025:KHC:47007 WP No. 19983 of 2025 C/W WP No. 20233 of 2025 WP No. 20257 of 2025 AND 1 OTHER (BY SRI. GANGADHAR GURUMATH, SR. ADVOCATE FOR SRI. K.S. BHEEMAIAH, ADVOCATE FOR R2 TO 4 SRI. YOGESH D. NAIK, AGA FOR R1 & 5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 16.06.2023 PASSED IN APPEAL NO. 209/2023 BY THE KAT VIDE ANNEXURE -A. AND ETC., IN WP NO. 20382/2025 BETWEEN: SMT. SAVITHA T.D., W/O SRI. DHANANJAYA T.S., AGED ABOUT 37 YEARS, R/AT CHERALA SRIMANGALA VILLAGE & POST, CHATTAHALLI, SOMAVARAPET TALUK, KODAGU DISTRICT - 571 248. …PETITIONER (BY SRI. VARUN J. PATIL, ADVOCATE) AND: 1. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES, MYSURU REGION, PALACE OFFICES BUILDING MYSURU - 570 004. 2. KODAGU DISTRICT CENTRAL CO- OPERATIVE BANK LTD., (K.D.C.C. BANK LTD.,) GENERAL THIMMAIAH CIRCLE, MADIKERI-571201. REP. BY ITS MANAGER 3. THE PRESIDENT, KODAGU DISTRICT CENTRAL CO-OPERATIVE BANK LTD., (K.D.C.C. BANK LTD.,) GENERAL THIMMAIAH CIRCLE, MADIKERI - 571 201. - 6 - HC-KAR NC: 2025:KHC:47007 WP No. 19983 of 2025 C/W WP No. 20233 of 2025 WP No. 20257 of 2025 AND 1 OTHER 4. THE CHIEF EXECUTIVE OFFICER, KODAGU DISTRICT CENTRAL CO-OPERATIVE BANK LTD., (K.D.C.C. BANK LTD.,) GENERAL THIMMAIAH CIRCLE, MADIKERI-571201. 5. THE DEPUTY REGISTRAR OF CO- OPERATIVE SOCIETY, MADIKERI DISTRICT, BALABHAVAN BUILDING, MADIKERI - 571 201. …RESPONDENTS (BY SRI. GANGADHAR GURUMATH, SR. ADVOCATE FOR SRI. K.S. BHEEMAIAH, ADVOCATE FOR R2 TO 4 SRI. YOGESH D. NAIK, AGA FOR R1 & 5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 16.06.2023 PASSED IN APPEAL NO. 212/2023 BY THE KAT VIDE ANNEXURE -A. AND ETC., THESE WRIT PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA COMMON ORAL ORDER The petitioners have approached this Court seeking to set aside the order dated 16.06.2025 passed in Appeal No.202 of 2023 by Karnataka Appellate Tribunal (KAT) produced as per Annexure-A. - 7 - HC-KAR NC: 2025:KHC:47007 WP No. 19983 of 2025 C/W WP No. 20233 of 2025 WP No. 20257 of 2025 AND 1 OTHER 2. Heard Sri.Varun J Patil, learned counsel for the petitioners, Sri. Gagadhar Gurumath, learned Senior Advocate for Sri.K.S.Bheemaiah, learned counsel for respondent Nos.2 to 4 and Sri. Yogesh D Naik, learned Additional Government Advocate for respondent Nos.1 and 5. Perused the materials on record. 3. It is the contention of the petitioners that they were appointed as daily wagers by respondent No.2 - Bank and they were working as Attenders. Their appointment was regularized by issuing letter dated 30.07.2018. Respondent No.2 unilaterally and without issuing any notice, withdrawn the appointment of petitioners as per letter dated 06.10.2018. The petitioners have raised dispute with Assistant Registrar of Co- operative Societies (ARCS) invoking Section 70 of the Karnataka Co-operative Societies Act (for short 'KCS Act'). However, the said dispute was dismissed. The petitioners have approached KAT. Even the appeal came to be dismissed vide order dated 16.06.2025. Hence, the petitioners are before this Court. - 8 - HC-KAR NC: 2025:KHC:47007 WP No. 19983 of 2025 C/W WP No. 20233 of 2025 WP No. 20257 of 2025 AND 1 OTHER 4. Learned counsel for the respondents drawn the attention of the Court to Rule 18(3) of the KCS Rules, according to which, no appointment by direct recruitment shall be made except seeking application from eligible candidates by notifying the same. However, in this case, the petitioners were initially appointed as daily wagers without calling for any application by issuing Notification as required. 5. Learned counsel for the respondents also places reliance on the decision of the Hon'ble Apex Court in Pramod Kumar Vs U.P.Secondary Education Services Commission and Others,1, to which there is reference in Annexure-A-the order of KAT to contend that regularization of the appointment of daily wagers is illegal and the said illegality cannot be allowed to be perpetuated. The Hon'ble Apex Court also referring to Ashok Kumar Soukar Vs Union of India2, held that if the appointment is illegal, it is non-est in the eye of law and also observed that the sympathy should not be misplaced. 1 AIR 2008 SC 1817 2 (2007) 4 SCC 54 - 9 - HC-KAR NC: 2025:KHC:47007 WP No. 19983 of 2025 C/W WP No. 20233 of 2025 WP No. 20257 of 2025 AND 1 OTHER 6. Learned counsel for respondent No.2 has placed reliance on the decision of the Hon'ble Apex Court in Jomon K.K. Vs. Shajimon P.& Ors.etc, wherein, the Apex Court referred to its earlier decision in Pramod Kumar and also Ashok Kumar Sonkar (supra), reiterated and held that the appellants therein are not entitled for any relief. 7. On perusal of the materials on record, it is noticed that the petitioners were initially appointed as daily wagers by respondent No.2. There was no notification issued by respondent No.2 calling for applications and there was no regular appointments. However, the appointments of the petitioners was regularized by issuing letter dated 30.07.2018, which was subsequently withdrawn by respondent No.2 vide letter dated 06.10.2018, which is now questioned. 8. The decisions relied on by the learned counsel for respondents i.e., in Pramod Kumar and Ashok Kumar (supra), the Hon'ble Apex Court has made the position very clear and held that regularization of the appointment of daily wagers is an illegal order and the illegality cannot be allowed to be perpetuated. It is also held when such appointment is illegal, - 10 - HC-KAR NC: 2025:KHC:47007 WP No. 19983 of 2025 C/W WP No. 20233 of 2025 WP No. 20257 of 2025 AND 1 OTHER it is non-est in eye of law and further the sympathy should not be misplaced. 9. When the position of law is very well settled, the petitioners are not entitled for any relief what so ever. Even though learned counsel for the petitioners contended that the petitioners are now in age group between 37 to 47 years, they are not in a position to apply and secure an employment, such a situation has arisen in view of appointment of the petitioners as daily wagers, the same cannot be compensated in this Writ petition. Hence, I am of the opinion that petitioners in all these petitions are not entitled for any relief. 10. The KAT has taken correct decision again placing reliance on the decision of the Hon'ble Apex Court now referred by learned counsel for the respondents. 11. Under such circumstances, the petitions are dismissed. SD/- (M G UMA) JUDGE BH CT:VS:List No.: 2 Sl No.: 9