Employees of Mysore Paper Mills appealed a writ petition outcome granting service benefits for 2004-2009 but denying arrears of wages. The Divisional Bench found the grant matched treatment of six similarly placed employees and dismissed the appeal.
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 14TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE C M JOSHI WRIT APPEAL NO. 492 OF 2021 (S-RES)
BETWEEN:
Digitally signed by NANDINI R Location: High Court of Karnataka
NC: 2024:KHC:21391-DB WA No. 492 of 2021
R/AT ESB-10/355, PAPER TOWN, BHADRAVATHI-577 302.
…APPELLANTS
(BY SRI MUKKANNAPPA S B, ADVOCATE)
NC: 2024:KHC:21391-DB WA No. 492 of 2021
AND:
COMMERCE AND INDUSTRIES, GOVERNMENT OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001.
…RESPONDENTS
(BY SRI DEVARAJA C H, ADVOCATE FOR R1 & R2; SRI PRASHANTH B.R, ADVOCATE FOR R3 & R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 15/02/2021 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.32619/2013 (S-RES) IN SO FAR AS RELATES TO THE DENIAL OF ARREARS OF WAGES AND CONSEQUENTLY DIRECT THE RESPONDENTS TO PAY ARREARS OF WAGES FOR THE PERIOD FROM 2004 TO 2008 AND CONSEQUENTIAL MONETARY BENEFITS ALONG WITH INTEREST FROM 2008 TO TILL THIS DATE.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, V KAMESWAR RAO J., DELIVERED THE FOLLOWING:
JUDGMENT
The challenge in this appeal is to an order dated 15.02.2021
passed by the Single Judge in W.P.No.32619/2013 (S-RES), thereby, the learned Judge has though allowed the petition by stating as under:
"Respondents are directed to consider the case of these petitioners as is considered in aforesaid writ petition and pass appropriate orders granting them the benefit of service that they have rendered between 2004 to 2009 and grant all consequential benefits, except arrears of wages, bearing in mind the orders passed by this Court and the benefit of service granted to six personnel observed hereinabove.
Writ petition stands disposed of in terms of the above order."
parity qua similarly placed six persons, whose names can be seen from page Nos.172-174 of the paper book. In the case of those six persons as well, we find that they were not granted any financial benefits by the Mysore Paper Mills Limited. In that sense, what has been granted by the learned Single Judge is identical to what has been granted to the six persons named at page Nos.172-174 of the paper book and which aspect had been noted by the learned Single Judge in paragraph No.9 of the impugned order.
Sd/JUDGE
Sd/JUDGE
NR/-
List No.: 1 Sl No.: 27
1 issue framed by the court
Should appellants, granted parity with six similarly placed employees for service between 2004-2009, additionally receive arrears of wages denied to those employees?
1 provisions across 1 enactments
SRI JANARDHANA
SRI VENUGOPAL RAO
SMT. BINDU
SRI N K MANJUNATH
PUJARI RAJAKUMARA
STATE OF KARNATAKA
V KAMESWAR RAO
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
