- 1 - HC-KAR NC: 2026:KHC-D:965 WP No. 105524 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 105524 OF 2023 (S-REG) BETWEEN: 1. SRI. MARUTHI S/O. GURAPPA LYAVI AGED ABOUT 31 YEARS, OCC: WORKING AS STREET LIGHT OPERATOR UNDER TOWN MUNCIPAL COUNCIL, RAMADURG, R/O. BANAKAR PETH, RAMDURG, DIST: BELAGAVI-591123. 2. SRI. MAHAMMADRIHAN S/O. ABDULRASHID NAKARCHI, AGED ABOUT 36 YEARS, OCC: WORKING AS STREET LIGHT OPERATOR UNDER TOWN MUNCIPAL COUNCIL RAMDURG, R/O. PADAKOTI GALLI, RAMDURG, DIST: BELAGAVI-591123. …PETITIONERS (BY SRI. H.M.DHARIGOND, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BELAGAVI, DIST: BELAGAVI-590001. 2. THE CHIEF OFFICER THE TOWN MUNCIPAL COUNCIL, RAMDURG, DIST: BELAGAVI-591123. 3. THE PROJECT DIRECTOR URBAN DEVELOPMENT WING, BELGAVI, DIST: BELAGAVI-590001. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR 1 AND 3; MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.30 10:48:10 +0530 - 2 - HC-KAR NC: 2026:KHC-D:965 WP No. 105524 of 2023 SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT DATED 15.05.2023 UNDER NO.KRASAM/PUSRA/ADALITA.VI/CR/2023- 24 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-N AND ENDORSEMENT DATED 15.05.2023 UNDER NO.KRASAM/PUSARA/ ADALITA.VI/CR/2023-24 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-P AND ETC. THIS PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER The petitioners had approached this Court calling in question the endorsement dated 15.05.2023 issued by respondent No.2-Town Municipal Council, Ramadurg and seeking a writ of mandamus to direct respondents to regularize their services as Street Light Operators and to extend the consequential benefits. 2. The petitioners state that they have been engaged for maintaining street lights in about 27 wards falling within the jurisdiction of Town Municipal Council, Ramadurg and the work of maintaining street lights is a continuous and a perennial public duty of the Municipal - 3 - HC-KAR NC: 2026:KHC-D:965 WP No. 105524 of 2023 Council. It is averred that though contractors were shown to be engaged, the petitioners were, for all practical purposes working under the control and supervision of respondent No.2 and the contractors were only named lenders. According to the petitioners, a communication issued in the year 2014 by respondent No.2 to the Project Director, District Development Cell, discloses the name of several workers including the petitioners, indicating that they have been working from the year 2014. It is further stated that from 2021 onwards, they were not paid wages and that the contractor to whom the work was entrusted did not possess a valid licence under the Contract Labour (Regulation and Abolition) Act, 1971 (‘the Act’ for short) nor complied with the statutory requirements such as ESI and PF. The petitioners submitted several representations seeking payment of wages, statutory benefits and continuation of service. Earlier this Court in W.P.No.104580/2021 directed the respondents to consider the representation in accordance with law. Thereafter, the petitioners submitted - 4 - HC-KAR NC: 2026:KHC-D:965 WP No. 105524 of 2023 representations dated 14.03.2023 seeking regularization of their services. Respondent No.2 issued impugned endorsement dated 15.05.2023, stating that there are no rules for regularization. 3. Learned counsel for the petitioners contends that the work discharged by them is perennial in nature and that engaging contract labour for such work is only to avoid the relationship of employer and employee. It is contended that since the contractor failed to discharge statutory obligations, respondent No.2 being a principal employer is entitled for payment of wages and statutory benefits. It is further contended that the petitioners having worked continuously for several years, they are entitled for regularization, and the impugned endorsement rejecting the claim is arbitrary and illegal. 4. Learned counsel for the respondent-Corporation submits that the petitioners were never appointed directly by the Town Municipal Council, Ramadurg nor were they - 5 - HC-KAR NC: 2026:KHC-D:965 WP No. 105524 of 2023 engaged against any sanctioned post. They were engaged only through contractor for execution of street light maintenance work. It is contended that there is no relationship of employer and employee between the petitioners and the Town Municipal Council. The engagement being contractual in nature, the petitioners cannot claim parity with the regular Municipal employees. It is submitted that the impugned endorsement correctly states that there are no rules in force providing for regularization of persons engaged on contract basis. Mere continuation in service or the alleged perennial nature of work does not create any vested right in favour of the petitioners to seek regularization in writ jurisdiction. 5. It is contended that any grievance relating to wages, statutory benefits or compliance with labour welfare enactments, if at all does not give rise to a claim for regularization is required to work out under the appropriate Labour Law before the competent authority. - 6 - HC-KAR NC: 2026:KHC-D:965 WP No. 105524 of 2023 6. This Court has carefully considered the contentions urged by the learned counsel for the parties and perused the material on record. 7. The Constitution Bench’s judgment of the Apex Court in Secretary, State of Karnataka Vs. Umadevi (3)1 (Umadevi(3)), authoritatively holds that regularization cannot be claimed as a matter of right and that the Courts cannot direct absorption or permanency of persons who have entered service otherwise than through a process known to law. The limited exception carved out in paragraph No.53 of the said judgment applies only to cases of irregular appointments of duly qualified persons made by the State itself against sanctioned vacant posts, who have continued for 10 years or more without protection of interim orders. 8. In the present case, the petitioners admittedly were engaged through contractors and were never 1 (2006) 4 SCC 1 - 7 - HC-KAR NC: 2026:KHC-D:965 WP No. 105524 of 2023 appointed directly by the Town Municipal Council against any sanctioned posts. Their engagement, therefore does not fall within the exemption contemplated in the case of Umadevi (3). Consequently, the reliance of long service, continuous service or the perennial nature of work cannot confer any right to seek regularization. The relief of regularization can arise only when there exists a direct relationship of employer and employee and in the absence of any material placed on record to show that the petitioners were appointed directly by the Town Municipal Council against any sanctioned post, the entire foundation of the claim for regularization, is premised on law continuous service and at the perennial nature, notwithstanding the admitted position that the engagement was through contractors. 9. The judgment relied upon by the petitioners' counsel in the case of Sri Anandu and Another Vs. The Principal Secretary, Government of Karnataka and - 8 - HC-KAR NC: 2026:KHC-D:965 WP No. 105524 of 2023 Others2 (Anandu) is distinguishable on facts and law. It applies to daily wage employees appointed against sanctioned posts, whereas the present petitioners are contract labourers governed by the Act, 1975. Therefore, while the judgment cannot be relied upon for regularization, its observations on perennial nature of work and exploitative employment may have persuasive value, limited to wage and statutory protection. 10. For the foregoing reasons, this Court pass the following: ORDER i. The writ petition is dismissed. ii. It is held that the petitioners having been engaged as contract labourers through contractors and not having been appointed directly by the Town Municipal Council, Ramadurg against any sanctioned posts are not entitled to seek regularization of service. 2 WP.No.100556/2024 D.D 20.02.2025 - 9 - HC-KAR NC: 2026:KHC-D:965 WP No. 105524 of 2023 iii. The impugned endorsement dated 15.05.2023 issued by respondent No.2 does not suffer from any illegality or any interference. However, it is made clear that the dismissal of this writ petition shall not preclude the petitioners from availing any such remedies as open to them in accordance with law before the appropriate forum, if so advised. Sd/- JUSTICE K.S.HEMALEKHA AT Ct:VH List No.: 1 Sl No.: 23