Disposed

Shri.Mahesh S/O Rama Naik v. the State of Karnataka

Karnataka HC16 Sept 2019WP/113472/2019

Case brief

AI extract

What is this about?

Employees of a co-operative bank challenged an order directing their termination via a writ petition. The High Court disposed of petitions, directing that employees cannot be terminated without an opportunity of hearing and must await the outcome of pending internal departmental proceedings.

What did the court decide?

Petitioners are to be afforded an opportunity of hearing and cannot be terminated until the outcome of pending appeal proceedings is ascertained.

Shri.Mahesh S/O Rama Naik Vs the State of Karnataka — Service and Employment | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA

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DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF SEPTEMBER, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV

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WRIT PETITION NOS.113472-495/2019 (S-DIS)

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BETWEEN:

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SHRI.MAHESH S/O RAMA NAIK, AGED ABOUT: 33 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: MUNDALLI, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SMT.REKHA W/O LOKESH NAIK, AGED ABOUT: 30 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: MUNDALLI, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SMT.ROOPA W/O LACHAMMAYYA NAIK, AGED ABOUT: 24 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: MUNDALLI, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SHRI.NAGARAJ S/O MANJUNATH NAIK, AGED ABOUT: 33 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: MUNDALLI, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SHRI.SEETARAM S/O MANJAYYA NAIK, AGED ABOUT: 32 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: HEDEEN, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SMT.LAXMI W/O CHANDRASHEKHAR NAIK, AGED ABOUT: 35 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: BELKE, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SHRI.SUPRITH S/O MOHAN NAIK, AGED ABOUT: 34 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: BELBONDER ROAD, ANKOLA, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SHRI.MAHADEV S/O KRISHNA NAIK, AGED ABOUT: 36 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL &

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RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: CHITRAPURA, SHIRALI, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SMT.CHITRA W/O RAJESH NAIK, AGED ABOUT: 34 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: TERNAMAKKI, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SHRI.SHEKHAR W/O NARAYAN NAIK AGED ABOUT: 30 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: MUNDALLI, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SMT.BHANUMATHI W/O RAGHAVENDRA NAIK, AGED ABOUT: 32 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: TOLAND, MUTTALLI, TQ: BHATKAL, DIST: UTTARA KANNADA.

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KUMARI D/O NAGAPPA NAIK, AGED ABOUT: 30 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: BEDRAMANE, KAIKINI,

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TQ: BHATKAL, DIST: UTTARA KANNADA.

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SHRI.ASHWATHKUMAR S/O JANARDHAN NAIK, AGED ABOUT: 26 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: SORADHOLE, BENGRE, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SHRI.YOGESH S/O HANUMA NAIK, AGED ABOUT: 32 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: MUTTALLI, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SHRI.VINAYAK S/O PARASHURAM NAIK, AGED ABOUT: 32 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: MARATHIKOPPA, SIRSI, TQ: SIRSI, DIST: UTTARA KANNADA.

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SHRI.SACHIN S/O SHANKAR NAIK, AGED ABOUT: 23 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: MANCHIKERI, YALLAPUR, TQ: YALLAPUR, DIST: UTTARA KANNADA.

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SHRI.GURURAJ S/O NARAYAN NAIK, AGED ABOUT: 26 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: KANDEKODLU, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SHRI.JEEVANKUMAR S/O NARAYAN NAIK, AGED ABOUT: 21 YEARS, OCC: ATTENDER, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: KUNTWANI, HADWALLI, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SHRI.RAGHAVENDRA S/O MOHAN NAIK, AGED ABOUT: 27 YEARS, OCC: ATTENDER, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: BANKIKODLU, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SMT.PADMAVATHI W/O SUBRAY NAIK, AGED ABOUT: 50 YEARS, OCC: SWEEPER THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: HADEEN, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SMT.LAXMI W/O DEVAYYA NAIK, AGED ABOUT: 49 YEARS, OCC: SWEEPER, THE BHATKAL AGRICULTURAL &

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RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: KANDEKODLU, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SHRI.GANAPATHI S/O MASTAPPA NAIK, AGED ABOUT: 48 YEARS, OCC: WATCHMAN, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: HADEEN, BELKE, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SHRI.NAGAPPA S/O HONNAYYA NAIK, AGED ABOUT: 40 YEARS, OCC: WATCHMAN, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: SORPANKATTE, YALWADIKARWAR, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA.

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SHRI.MAHESH S/O GANAPATHI NAIK, AGED ABOUT: 21 YEARS, OCC: JUNIOR ASSISTANT, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, R/O: DODASHIRALI, BENGRE, TQ: BHATKAL, DIST: UTTARA KANNADA.

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...PETITIONERS

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(BY SRI.RAMESH I ZIRALI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, TO THE DEPARTMENT OF

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CO-OPERATION, VIDHANA SOUDHA, BENGALURU-560001.

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1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BENGALURU-560001.

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1. THE MANAGING DIRECTOR, KARNATAKA STATE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., (KSARD), BENGALURU-560001.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, SARASWATI SADAN, 2ND FLOOR, HABBUWADA, KARWAR, DIST: UTTARA KANNADA-581301.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KUMTA SUB-DIVISION, KUMTA, DIST: UTTARA KANNADA-581343.

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THE CO-OPERATIVE DEVELOPMENT OFFICER, BESIDE GURU KRUPA CREDIT SOCIETY BUILDING, MANKULI, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA-581320.

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THE GENERAL MANAGER, THE BHATKAL AGRICULTURAL & RURAL DEVELOPMENT CO-OPERATIVE BANK LTD., (BARDCB) BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA-581320. ...RESPONDENTS

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(BY SRI.V.S.KALASURMATH, AGA FOR R1 TO R6, SRI.SANTOSH B RAWOOT, ADVOCATE FOR R7)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTIONS, DIRECTING THE RESPONDENT NO.7 TO NOT TO TERMINATE THE SERVICES OF THE PETITIONERS BY ACTING UPON THE ORDER DATED 05.08.2019 ISSUED BY THE RESPONDENT NO.4 IN NO.DRN/PAVI/ CR-01/2019-20 AS PER ANNEXURE-L.

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THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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The petitioners who are employees of respondent No.7-Bank which is registered under the Provisions of the Karnataka Co-operative Societies Act have sought for issuance of a writ of mandamus to direct respondent No.7 not to terminate the services of the petitioners by acting upon the order dated 05.08.2019 passed by respondent No.4, whereby the respondent No.7 has been asked to file a compliance report in accordance with the directions passed in the order dated 05.08.2019.

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It is not in dispute that the petitioners are

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the employees of respondent No.7-Bank and also that their appointment is as against sanctioned posts. The

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Management in the meeting of the Board of Directors dated 03.08.2002 had passed a resolution deciding to absorb the services of the employees working on temporary basis including that of the petitioners. It is submitted that pursuant to the proceedings of the Management of respondent No.7, a request was made to respondent No.3 to accord approval for filling up of the posts as was sanctioned by respondent No.2. The petitioners were absorbed as per the order dated 27.04.2018. Meanwhile on the basis of a complaint regarding absorption of the petitioners contrary to the orders of respondent No.2 and in violation of Rule 17 and 18 of Karnataka Co-operative Societies Rules, order came to be passed on 05.08.2019 whereby the Management has been directed to take necessary action to relieve the petitioners in light of the findings of the inspection report by the concerned authorities.

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The learned counsel for the petitioners

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contends that their regularization was as regards sanctioned posts and they have been working for more than ten months and have nothing to do with the procedural lapse if any of respondent No.7. It is further submitted that their apprehension that they would be terminated is to be addressed.

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Learned counsel appearing for respondent No.7 submits that an appeal has been filed as against order at Annexure-L which is pending consideration.

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Taking note of the fact that the dispute is essential one between respondents No.2 and 7 the petitioners services cannot be terminated without affording the petitioners an opportunity of hearing and without awaiting the outcome of the proceedings in case No.11/2018-19 pending before the Joint Registrar of Cop-operatives Societies. Even if the appeal were to be dismissed and the order at Annexure-L becomes final as

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the termination of the petitioners would affect their civil rights they are entitled for an opportunity of being heard in the matter. Accordingly, the petitions are disposed of subject to the above observations.

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Meanwhile, the petitioners are also at liberty to take appropriate steps to implead themselves in the pending proceedings if they are so advised.

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Sd/JUDGE

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Shri.Mahesh S/O Rama Naik v. the State of Karnataka

Case brief

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Shri.Mahesh S/O Rama Naik v. the State of Karnataka

Case brief

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