Dismissed

Mr C Shivaprakash v. the State of Karnataka

Karnataka HC16 Jan 2023WP/29666/2018

Case brief

AI extract

What is this about?

Petitioners, retired operators from a private limited company, sought a writ of mandamus directing the employer to implement a government circular enhancing superannuation age from 58 to 60 years. The court dismissed the petition stating mandamus cannot issue against a private company and that the representation was already rejected.

What did the court decide?

The writ petition seeking a mandamus against the private employer was dismissed. Liberty is reserved for other available remedies.

Mr C Shivaprakash Vs the State of Karnataka — Service and Employment | Karnataka HC (2023)

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WP No. 29666 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 29666 OF 2018 (L-RES)

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BETWEEN:

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MR C SHIVAPRAKASH S/O CHADIAN, AGED ABOUT 61 YEARS OPERATOR(NOW RETIRED) NO.121,5^TH CROSS,NEW LAYOUT ITTEGEGUDE, MYSURU-570 010

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MR P SAMPATH KUMAR S/O PONNUSWAMY, AGED ABOUT 61 YEARS OPERATOR (NOW RETIRED) NO.1069,SUBBRANAIDU STREET, HEIGEGUD, MYSURU-570 010

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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MR P JAVARAPPA S/O PUTTABASAVE GOWDA, AGED ABOUT 62 YEARS OPERATOR (NOW RETIRED) NO.132, S.VITTHANAHALLI, HADJANA POST, MYSURU

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MR V PRASANNA S/O VITTOBA RAO, AGED ABOUT 62 YEARS OPERATOR(NOW RETIRED) NO.25/A,II STAGE, 2^ND CROSS, NEAR GOVERNMENT HOSPITAL J.P NAGAR,MYSURU-570 008

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WP No. 29666 of 2018

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MR R SHANKAR S/O K RAMACHARI, AGED ABOUT 62 YEARS OPERATOR (NOW RETIRED) NO.710,N/2,SANDIKERI, 3^RD CROSS, NAZARBAD,MYSURU-570 008

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MR M KARIYAPPA S/O MUDDAIAH AGED ABOUT 62 YEARS OPERATOR (NOW RETIRED) NO.150/140, "B"BLOCK,I CROSS HOSUR,J.P NAGAR, MYSURU-570 008

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MR H V RAMESH S/O VENKATA KRISHNAIAH AGED ABOUT 63 YEARS OPERATOR (NOW RETIRED) NO.1327,GAH BLOCK EAST, 1^ST CROSS, PANCHAMANTHRA ROAD, KUVEMPUNAGAR, MYSURU-570 023

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MR L MANJUNATHA S/O K NARAYANASWAMY AGED ABOUT 62 YEARS OPERATOR (NOW RETIRED) NO.1184, 4^TH CROSS, JANATHANAGAR, MYSURU-570 023

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MR MALLARADHYA S/O RAMARADHYA AGED ABOUT 61 YEARS OPERATOR (NOW RETIRED) NO.769,4TH MAIN,25^TH CROSS, VIDYARANYA, MYSURU-570 008

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MR K VISHWANATHA RAI S/O K RAI,

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AGED ABOUT 63 YEARS OPERATOR ( NOW RETIRED) NO.1728,LAXMINARAYANA NILAYA, SRI RAMAPURA,II STAGE, MYSURU-570 023

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MR KRISHNA MURTHY S/O MUTHUSWAMY SETTEYAR AGED ABOUT 63 YEARS OPERATOR (NOW RETIRED) NO.56,II CROSS,VENUE SHREESHANNA ROAD, K R MOHALLA, MYSURU-570 004

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MR H S VENKATESHA RAO S/O SRI KANTAIAH H N AGED ABOUT 61 YEARS OPERATOR (NOW RETIRED) NO.530,II STAGE, 25TH MAIN,18TH CROSS, J P NAGAR,MYSURU-570 008

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MRS M N SUDHAMANI D/O NAGA RAJA CHAR, AGED ABOUT 61 YEARS OPERATOR (NOW RETIRED) NO.187/1,F-11/1, SRI RAM STREET, FORT MOHALLA, MYSURU-570 004

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MR S R RAVINCHANDRAN S/O R C RAJAN, AGED ABOUT 63 YEARS OPERATOR (NOW RETIRED) NO.183/9,18TH CROSS,"B" BLOCK, J P NAGAR, MYSURU-570 008

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MR R GOVINDE GOWDA S/O RAME GOWDA, AGED ABOUT 64 YEARS OPEATOR (NOW RETIRED) NO.34,"E" BLOCK,11^TH MAIN,

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WP No. 29666 of 2018

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14^TH CROSS,JP NAGAR, MYSURU-570 008

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MR M S SUBHAS CHANDRA S/O M SRINIVASA RAO AGED ABOUT 63 YEARS OPERATOR (NOW RETIRED) NO.2179,RUKMINI SRINIVAS NILAYA, 6^TH CROSS, III STAGE, SRIRAMPURA, MYSURU-570 023

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MR S L DIVAKARA S/O LAXME GOWDA, AGED ABOUT 62 YEARS OPERATOR (NOW RETIRED) NO.2274,BASAVESWARA ROAD, 6^TH CROSS, K R MOHALLA, MYSURU-570 004

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MR N SHIVARUDRA S/O NANJUNDA SHETTY AGED ABOUT 62 YEARS OPERATOR (NOW RETIRED) NO.41,9TH CROSS, JANANTHA BADAVANE, J P NAGAR, MYSURU-570 008

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MR H NARASIMHARAJU S/O T S HARIYANNACHAR, AGED ABOUT 60 YEARS OPERATOR (NOW RETIRED) NO.844,16^TH CROSS, SRI RAMAPURAM, II STAGE, MYSURU-570 023

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MR D E RAJACHARI S/O ERAPPACHRI, AGED ABOUT 63 YEARS OPERATOR (NOW RETIRED) NO.59,NEAR GANAPATHI TEMPLE, RANGANATHA NAGARA,

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WP No. 29666 of 2018

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SRIRANGAPATNA MANDYA-571 438

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MRS K B MUTHAMMA D/O BHEEMAIAH, AGED ABOUT 62 YEARS OPERATOR (NOW RETIRED) NO.1654/13K,6^TH CROSS, HOSAKERI K R MOHALLA, MYSURU-570 008

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MRS M K NAGARATHNA D/O M KRISHNA MURTHY, AGED ABOUT 62 YEARS OPERATOR (NOW RETIRED) NO.396,12^TH CROSS, RAMAKRISHNANAGAR, MYSURU-570 022

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MRS K VIJAYALAKSHMI W/O R DORESWAMY, AGED ABOUT 63 YEARS OPERATOR (NOW RETIRED) NO.43/10,13^TH CROSS, RAMANUJA ROAD, RAMACHANDRA AGRAHARA, K R MOHALLA, MYSURU-570 004

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MR VENKATARAMANASETTY S/O RANGA SETTY, AGED ABOUT 62 YEARS OPEATOR (NOW RETIRED) NO.272,5TH MAIN, SIDDALINGESWAR LAYOUT, J P NAGAR,MYSURU-570 008

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MR K PUNDARIKA S/O MAHALINGA GOWDA, AGED ABOUT 65 YEARS OPERATOR (NOW RETIRED) NO.547,"E" BLOCK,15^TH MAIN, J P NAGAR,

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WP No. 29666 of 2018

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MYSURU-570 016

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MR V YOGESHA S/O VENKATACHALIAH AGED ABOUT 64 YEARS OPERATOR (NOW RETIRED) NO.2116,GOOD SHEPARD ROAD, "C" BLOCK,MADHAVAPURA, MANANDAVADI ROAD, MYSURU-570 008

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MR H C DEVARAJE GOWDA S/O CHALUVE GOWDA, AGED ABOUT 61 YEARS OPERATOR (NOW RETIRED) NO.189,"B" BLOCK, J P NAGAR, MYSURU-570 008

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…PETITIONERS

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(BY SRI. S VICTOR MANOHARAN., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY ITS SECRETARY, DEVELOPMENT OF LABOUR, M S BUILDING, BENGALURU-560 001

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THE ASSISTANT LABOUR COMMISSIONER KARMIKA BHAVANA, NEAR DAIRY CIRCLE, DIVISION-2, BENGALURU-560 029

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THE MANAGING DIRECTOR L G BALAKRISHNA & BROS LTD., MYSORE PLANT, 306, SITE NO.24, III STAGE, INDUSTRIAL SUBURB MYSORE-570 008

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…RESPONDENTS

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WP No. 29666 of 2018

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(BY SRI.C.K. SUBRAMANYA., ADVOCATE FOR SRI. B.C. PRABHAKAR, ADVOCATE FOR R3;

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SRI. BHOJEGOUDA.T. KOLLER, GA FOR R1 & R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 3^RD RESPONDENTS TO EXTEND THE BNEFIT OF THE JOINT MEMO NO.DLCB (2)/SOA/CR 14/2015-16 DATED 03.05.2017 OF 2^ND RESPONDENT PRODUCED AT ANNEXURE-C, TO THE PETITIONERS 1 TO 27 WITH ALL CONSEQUENTIAL BENEFITS AND ETC.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court seeking for the

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following reliefs:

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a. Issue a writ in the nature of Mandamus directing the 3^rd respondent to extend the benefit of the joint memo No.DLCB (2)/SOA/CR 14/2015-16 dated 03.05.2017 of 2^nd respondent produced at Annexure-C, to the petitioners 1 to 27 with all consequential benefits.

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b. Issue such other writ order or direction, as this Hon’ble Court deems fit and proper in the fact and circumstances of the case by allowing this writ petition in the interest of justice.

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The grievance of the petitioners is that the petitioners were working as Operators in 3^rd

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WP No. 29666 of 2018

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respondent – Private Limited Company and

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superannuated between the year 2014 and 2016. On account of the Circular issued by the Government of Karnataka on 17.03.2016 enhancing the age of superannuation from 58 years to 60 years for the Government and Private employees, the petitioners had submitted a representation to the 3^rd respondent-employer to consider their case in terms of the said Government Circular. The same not having been considered, the petitioners are before this Court seeking for the aforesaid mandamus.

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Sri.C.K.Subramanya, learned counsel for 3^rd respondent would submit that the representation of the petitioners has already been considered and rejected vide letter dated 01.03.2018 at Annexure-E by stating that the Circular that has been issued and the amendment to the Standing Orders is prospective in nature and not retrospective and would only apply

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WP No. 29666 of 2018

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to the employees in service as on that date. On this ground, he submits that the above petition is required to be dismissed.

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The above Writ Petition has been filed seeking for a mandamus against a Private Limited Company to consider a representation which has been submitted in terms of the Government Circular dated 17.03.2016. It is trite law that a mandamus cannot be issued to a Private Limited Company and can only be issued to a Governmental agency for considering a particular statutory right, which is vested in it. In the present case, the said condition has not been fulfilled. Be that as it may. Even the representation has already been considered and rejected by the 3^rd respondent on 01.03.2018. As such, nothing survives for consideration in the above petition. Accordingly, the Writ Petition stands dismissed.

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WP No. 29666 of 2018

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Liberty is however reserved to the petitioners to avail

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of such remedies as are available under the

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applicable law.

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Sd/JUDGE

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PRS List No.: 2 Sl No.: 14

Mr C Shivaprakash v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr C Shivaprakash v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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