Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:23452 WP No. 13557 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 13557 OF 2026 (S-RES) BETWEEN:
1.
SRI. RAJAPPA S/O. GOVINDAPPA, AGED ABOUT 57 YEARS PRESENTLY WORKING AS FOREST WATCHER 'D' GROUP, RANGE FOREST OFFICE, KAGGALIPURA RANGE BENGALURU SOUTH SUB-DIVISION, BENGALURU - 560 082.
2.
SRI. GALAPPA, S/O. SIDDALINGAIAH, AGED ABOUT 47 YEARS PRESENTLY WORKING AS FOREST WATCHER 'D' GROUP RANGE FOREST OFFICE, KAGGALIPURA RANGE BENGALURU SOUTH SUB-DIVISION, BENGALURU - 560 082.
3.
SRI. JAYARAMAIAH, S/O. CHIKKARAMAIAH, AGED ABOUT 51 YEARS PRESENTLY WORKING AS FOREST WATCHER 'D' GROUP RANGE FOREST OFFICE, KAGGALIPURA RANGE BENGALURU SOUTH SUB-DIVISION, BENGALURU - 560 082. …PETITIONERS Digitally signed by SHARADAVANI B Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2026:KHC:23452 WP No. 13557 of 2026 (BY SRI. BASAVARAJA PATEL G.K, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT M.S. BUILDING, BENGALURU - 560 001.
2.
THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, (HEAD OF THE FOREST FORCE) ARANYA BHAVANA, 3RD FLOOR, 18TH CROSS, MALLESHWARAM, BENGALURU - 560 003.
3.
THE CONSERVATOR OF FORESTS.
JARAKABANDI, YALAHANKA, BENGALURU - 560 091.
4.
THE DEPUTY CONSERVATOR OF FORESTS BENGALURU URBAN DIVISION, KAMMAGONDANAHALLI, BENGALURU - 560 015.
5.
THE RANGE FOREST OFFICER, KAGGALIPURA RANGE BENGALURU SOUTH SUB-DIVISION, BENGALURU -5600116. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, AGA FOR R1 TO R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. CALL FOR THE RECORDS RELATING TO THE IMPUGNED COMMON ENDORSEMENT ORDER BEARING NO.A3.SIBBANDI.CR-11/2025-26 DATED 12.08.2025 VIDE ANNEXURE-H, PASSED BY THE RESPONDENT NO.4, PERUSE AND QUASH THE SAME AS ARBITRARY, ILLEGAL AND VIOLATIVE OF ARTICLES 14 AND 16(1) OF THE CONSTITUTION OF INDIA AND ETC.,
- 3 -
HC-KAR NC: 2026:KHC:23452 WP No. 13557 of 2026
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition petitioners seeks the following reliefs. " i. Call for the records relating to the impugned common endorsement order bearing No.A3.Sibbandi.CR-11/2025-26 Dated 12.08.2025 vide Annexure-H, passed by the Respondent No.4, peruse and quash the same as arbitrary, illegal and violative of Articles 14 and 16(1) of the constitution of India. ii. Issue a writ in the nature of mandamus to consider the claim of the Petitioners for the service benefits in terms of the Karnataka Daily Wage Employees Welfare Act 2012 vide Annexure-D, by holding them eligible for the benefits under the said Act for the long services rendered by the Petitioners with all monetary benefits; iii. 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. Heard Sri. Basavaraja Patel G.K., learned counsel for the petitioners, Smt. Spoorthy Hegde, learned AGA for respondent Nos.1 to 5 and perused the material on record. - 4 -
HC-KAR NC: 2026:KHC:23452 WP No. 13557 of 2026
3. A perusal of the material on record would indicate that during the period 1994, the petitioners were appointed as Forest Watchers in the respondents' department and have been working in various places for around 30 years as per Annexure A. By Government orders dated 11.06.2009 and 31.07.2012, the State Government enhanced the daily wages payable to the petitioner by Rs.1,000/-. But the said benefits were granted in favour of the petitioners only up to 2017 and not thereafter. Meanwhile, on 15.02.2013, the State Government enacted the Karnataka Daily Wages Employees' Welfare Act, 2012 extending the benefits of Regular Government Servant to Daily Wage's Appoint Employees also. Under these circumstances, several similarly situated daily wages were notified by the State Government in the year 2014, subsequent to which, the petitioners as well as other persons submitted several representations before the State Government seeking extension of enhanced wages in their favour also. 4. Being aggrieved by the non consideration of their grievances, the petitioners filed WP No.5775/2025 along with others and connected matters, which was disposed of by this Court vide Order
- 5 -
HC-KAR NC: 2026:KHC:23452 WP No. 13557 of 2026 at Annexure - G dated 19.03.2025.
The said order passed by this Court vide Annexure G reads as under:
" ORAL ORDER
The petitioners have sought for a writ in the nature of mandamus to consider their claim under the Karnataka Daily Wage Employees Welfare Act, 2012 (Annexure-D) and to direct the respondents to pay monthly payment of Rs.1,000/- from 2009 and Rs.2,000/- from 2012 as per the Government Orders dated 11.06.2009 and 31.07.2012 vide Annexure B and C passed by the 3rd respondent-Department of Personnel and Administrative Reforms (DPAR). 2. The petitioners contend that they are all daily wage employees working on casual basis in the Department of Forest in various ranges. All of them have completed ten years of service as on 10.04.2006. They all contend that the State Government had decided to engage labourers through private contractors, even though there is a prohibition in law that such labourers should not be exploited either by the department or by the contractors. They contend that the respondents have allowed exploitation of labour by enrolling the petitioners and not giving them the pay equivalent to that of a regular employee. They contend that the State Government by order dated 11.06.2009 and 31.07.2012 had enhanced the daily wages by Rs.1,000/- and Rs.2,000/- but the respondents have not granted the same in so far as the petitioners are concerned. - 6 -
HC-KAR NC: 2026:KHC:23452 WP No. 13557 of 2026
3. They also contend that they are discriminated vis a vis other employees who were similarly placed and they are not granted the benefits that are given to other labourers under the Karnataka Daily Wage Employees Welfare Act,
2012. They also contend that they have made several representations before respondent No.2 to extend the benefits under the Karnataka Daily Wage Employees Welfare Act, 2012 and for not enhancing the wage as per the orders of the State Government. However, the respondents have neither considered their requests nor enhanced the daily wages payable as per the orders of the State Government.
Hence, the petitioners are before this Court seeking for directions to the respondents to grant the benefits under Karnataka Daily Wage Employees Welfare Act, 2012 and also to direct the respondents to pay monthly payment of Rs.1,000/- from the year 2009 and Rs.2,000/- from the year 2012 as per the Government Order dated 11.06.2009 and 31.07.2012. 4. Learned counsel for the petitioners contends that Co-ordinate Bench of this Court in W.P.No.29873/2024 and other connected petitions had directed the respondents to consider the representations of similarly placed persons. Therefore, he prays that this writ petition may also be
disposed of on the same terms.
5. Learned AGA for respondents submitted that the
facts on hand is distinguishable from the facts in W.P.No.29873/2024 and other connected writ petitions. He contends that in the latter case, there were communications addressed by the concerned officers to the authorities for
- 7 -
HC-KAR NC: 2026:KHC:23452 WP No. 13557 of 2026 extension of the benefits payable under Karnataka Daily Wage Employees Welfare Act, 2012, while in the present case there is no such communication.
6. I have considered the submissions made by the
learned counsel for the petitioners and the learned AGA for respondents.
7. The petitioners have all joined the services of the respondents between 1984 to 1996. It is not the case of the respondents that there is break in the service rendered by the petitioners. If the petitioners continue to serve the respondents, they are entitled to the benefits payable under the Karnataka Daily Wage Employees Welfare Act, 2012. Similarly, the State Government had issued an order dated 11.06.2009 and 31.07.2012 enhancing the daily wages by Rs.1,000/- and Rs.2,000/- respectively. Therefore, the petitioners are entitled to the benefit of the said enhanced wages. The petitioners have all contended that they have submitted representations requesting the respondents to extend the benefits under the Karnataka Daily Wage Employees Welfare Act, 2012 and to pay the enhanced wages. If that be the case, the respondents have to consider the requests of the petitioners and dispose of the representations in accordance with law.
8. In that view of the matter, the writ petition is
disposed of directing the petitioners to file appropriate representations before the respondents along with copy of this order claiming the benefits under the Act of 2012 as well as the enhanced wages under the Government orders referred above within one month from today. The concerned
- 8 -
HC-KAR NC: 2026:KHC:23452 WP No. 13557 of 2026 respondents shall consider the claims of the respective petitioners within a period of 3 months from the date of receipt of copy of this order and pass appropriate orders. In
order to ensure compliance of the above, list this petition on 01.08.2025."
5. It is the grievance of the petitioners that despite the aforesaid order passed by this Court, which had attained finality and become conclusive and binding upon the respondents and filing of contempt proceedings in CCC No.1240/2025, respondent No.5 issued common endorsement dated 12.08.2025 to the effect that the petitioners' services cannot be considered under the Karnataka Daily Wages Employees' Welfare Act, 2012, since the notification under the said Act had to be issued within one year from the date of commencement of the said Act, which came into force on 15.02.2013 and the said notification not having been issued to the petitioners within the aforesaid period of one year, the petitioners would not be entitled to the benefits under the said Act.
6. Aggrieved by the impugned endorsement, the petitioners are before this Court, inter alia contending that in relation to identically /similarly situated Daily Wage Employees, the State Government has extended the benefits even after the lapse of more than one year and
- 9 -
HC-KAR NC: 2026:KHC:23452 WP No. 13557 of 2026 on the ground of parity, the impugned endorsement deserves to be quashed and the petitioners would be entitled to similar benefit. It is also submitted that having regard to the fact that aforesaid Karnataka Daily Wages Employees' Welfare Act, 2012 is a welfare piece of legislation and has been enacted with the intention of extending the benefit to Daily Wage Employees, the inaction on the part of the State Government to issue a notification extending the benefit to the petitioners could not have been made the basis to issue the impugned endorsements dated 12.08.2025 vide Annexures H, which deserve to be quashed.
7. Per contra, learned AGA submits that there is no merit in the petition and the same is liable to be dismissed.
8. I have given anxious consideration to the rival
submissions and perused the material on record.
9. As noticed supra, in the earlier round of litigation, this Court has come to the conclusion that the petitioners would be entitled to the benefit of the aforesaid Act, which is undisputedly a beneficial piece of legislation. As rightly contended by the learned counsel for the petitioners, the mere inaction on the part of the respondent - State to
- 10 -
HC-KAR NC: 2026:KHC:23452 WP No. 13557 of 2026 issue a notification extending the benefit of the said Act to the petitioners also could not have been made the basis to deny / deprive the entitlement of the petitioners from the benefits under the said Act and especially when the respondents themselves have extended the benefit to similarly / identically situated Daily Wage Employees even after expiry of one year.
10. Under these circumstances, by invoking /applying the doctrine of parity, I am of the view that the impugned endorsements deserve to be quashed and respondents are to be directed to extend the benefits of the Karnataka Daily Wages Employees' Welfare Act, 2012 in favour of the petitioners and grant all benefits flowing therefrom within a stipulated time frame.
ORDER (i) Writ petition is thereby allowed. (ii) The Impugned Annexure - H is hereby quashed. (iii) The respondents are directed to grant the benefits including monetary benefits under the Karnataka Daily Wages Employees' Welfare Act, 2012, in favour of the petitioners within a period
- 11 -
HC-KAR NC: 2026:KHC:23452 WP No. 13557 of 2026 of three months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BH List No.: 1 Sl No.: 27