In this Public Interest Litigation, the petitioner sought directions to invoke the Essential Maintenance Act, 1968 to ban a strike called by medical officers. The court held that as the strike had been called off, the writ petition was devoid of cause and accordingly dismissed it as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2021
PRESENT
THE HON’BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.50403 OF 2019 (GM-RES) PIL
BETWEEN:
K H DEVIPRASAD RAI AGED 42 YEARS S/O K H DASAPPA RAI RESIDING AT NO 3459 2ND FLOOR, 1ST F CROSS,
NEAR RNS BUNTS SANGHA SCHOOL VIJAYANAGARA
BANGALORE - 560040
... PETITIONER
(BY SRI AKASH B SHETTY, ADVOCATE-ABSENT)
AND:
BANGALORE - 560001
BANGALORE - 560001
BANGALORE - 560009
KARNATAKA STATE GOVT. MEDICAL OFFICERS ASSOCIATION (R) ANANDA RAO CIRCLE BANGALORE - 560009
MEDICAL COUNCIL OF INDIA NO 9, TEMPLE LANE KOLTE ROAD, NEW DELHI - 110011
BANGALORE - 560023
BY ITS PRESIDENT
ASSOCIATION C/O INDIAN MEDICAL ASSOCIATION NEAR MINTO EYE HOSPITAL
CHAMARAJAPET
BANGALORE - 560018
BANGALORE - 560001
... RESPONDENTS
(BY SRI RAJASHEKAR S, AGA FOR R1 TO R3 AND R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 3 TO INVOKE ESSENTIAL MAINTENANCE ACT 1968 (ESMA) BANNING THE STRIKE CALLED BY THE MEMBERS OF R-4 TO 7 CONSIDERING THE REPRESENTATION DATED 04.11.2019 (ANNX-C) AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
None appears for the petitioner.
appearing for respondent Nos.1 to 3 and 8 submits that the strike by Doctors of the Karnataka State Government Medical Officers Association has been called off and therefore, relief sought in the present writ petition does not survive for consideration.
as having become infructuous.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
KPS
1 issue framed by the court
Whether to grant a direction under Articles 226 and 227 of the Constitution to invoke the Essential Maintenance Act, 1968 to ban a medical strike.
3 provisions across 2 enactments
K H DEVIPRASAD RAI
STATE OF KARNATAKA
KARNATAKA STATE GOVT. MEDICAL OFFICERS ASSOCIATION
KARNATAKA MEDICAL ASSOCIATION
RITU RAJ AWASTHI
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
