The High Court dismissed five connected writ petitions concerning the recruitment of pourakarmikas as default for the absence of counsel, despite peremptory orders for appearance on a previous date, noting a lack of interest in prosecuting the matters.
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.
NC: 2024:KHC:26632 WP No. 30418 of 2017 C/W WP No. 35619 of 2014 WP No. 37087 of 2014 WP No. 1190 of 2020 WP No. 6483 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 30418 OF 2017 (S-RES)
C/W
WRIT PETITION NO. 35619 OF 2014 (L-RES) WRIT PETITION NO. 37087 OF 2014 (L-RES) WRIT PETITION NO. 1190 OF 2020 (S-RES) WRIT PETITION NO. 6483 OF 2020 (S-RES)
IN WP NO. 30418/2017
BETWEEN:
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
BENGALURU CITY POURAKARMIKA GANGMEN UNION BBMP ZONAL OFFICE, QUEENS ROAD, BENGALURU. REPRESENTED BY ITS GENERAL SECRETARY, SRI.MR.A.JEYEREM, S/O LATE AMRUTHAIAH, AGED ABOUT 57 YEARS.
…PETITIONER
(BY SRI. D K RAVINDRA.,ADVOCATE (ABSENT))
AND:
NC: 2024:KHC:26632 WP No. 30418 of 2017 C/W WP No. 35619 of 2014 WP No. 37087 of 2014 WP No. 1190 of 2020 WP No. 6483 of 2020
DEPARTMENT OF LABOUR, M.S.BUILDING, BANGALORE. BANGALORE CITY - 560 001.
…RESPONDENTS
(BY SRI.PRINCE ISAC., AGA FOR R1 & R2; SRI. BATHE GOWDA, ADVOCATE FOR R3 TO R5)
NC: 2024:KHC:26632 WP No. 30418 of 2017 C/W WP No. 35619 of 2014 WP No. 37087 of 2014 WP No. 1190 of 2020 WP No. 6483 of 2020
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TODIRECT THE R-3 & 4 TO FORMULATE THE CADRE AND RECRUITMENT RULES BY GIVING WEIGHTAGE TO THE EXPERIENCE AND BY PROVIDING RESERVATION FOR RECRUTMENT TO THE POST OF POURAKARMIKAS WHILE GIVING EFFECT TO THE DECISION TAKEN BY THE STATE GOVERNMENT ON 4.5.2016 FOR APPOINTMENT OF POURAKARMIKAS AND THEREAFER TO PUBLISHED THELIST OF POURAKARMIKAS; DIRECT THE STATE GOVERNMENT AS WELL AS THE RESPONDENT CORPORATION TO GIVE PREFERENCE TO THE LOCAL POURAKARMIKAS INSTEAD OF THE MIGRANTS FROM OTHER STATES LIKE ANDHRA PRADESH AND TAMIL NADU; DIRECT THE R-3 CORPORATION TO CALL FOR TENDERS INCOMPLAINCE WITH THE KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENT ACT FOR COLLECTING AND TRANSPORTING THE MUNICIPAL SOLID WASTE INCLUDING THE DRY WASTE AND WET WASTE.
IN WP NO. 35619/2014
BETWEEN:
BANGALORE NAGARA POURA KARMIKARA SANGHA, REGD. HAVING ITS OFFICE IN THE MAHANAGARA PALIKE, HEAD OFFICE BUILDINGS, N.R.SQUARE,
NC: 2024:KHC:26632 WP No. 30418 of 2017 C/W WP No. 35619 of 2014 WP No. 37087 of 2014 WP No. 1190 of 2020 WP No. 6483 of 2020
BANGALORE-560 0002, BY ITS PRESIDENT, SRI K.C.VIJAYAKUMAR AGED ABOUT 72 YEARS.
…PETITIONERS
(BY SRI.SIDDAPPA V, ADVOCATE (ABSENT))
AND:
…RESPONDENTS
(BY SRI.PRINCE ISAC, AGA FOR R1 & R2;
SMT. M.C. NAGASHREE, ADVOCATE FOR R3)
NC: 2024:KHC:26632 WP No. 30418 of 2017 C/W WP No. 35619 of 2014 WP No. 37087 of 2014 WP No. 1190 of 2020 WP No. 6483 of 2020
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 1.7.2014 ISSUED IN THE VIJAYA KARNATAKA DAILY NEWSPAPER VIDE ANNA PUBLISHED BY THE R-3 CALLING FOR APPLICATIONS FOR RECRUITMENT AS POURA KARMIKAS ON PERMANENT BASIS; DIRECT THE RESPONDENTS TO CONSIDER THE CONTRACT POURA KARMIKAS ELIGIBILITY FOR RECRUITMENT AS PERMANENT EMPLOYEES AS THEY HAVE BEEN WORKING FOR MANY YEARS UNDER THE R-3 AND ETC.
IN WP NO. 37087/2014
BETWEEN:
THE KARNATAKA GUTTIGE PAURA KARMIKARA OKKOOTA (A REGISTERED TRADE UNION RIGISTERED UNDER THE INDIAN TRADE UNIONS ACT), REPRESENTED BY ITS PRESIDENT, SRI N. SHANKAR, AGED ABOUT 42 YEARS HAVING ITS OFFICR AT NO.8, 3RD CROSS, SUBRAMANI LAYOUT, RAMAMURTHINAGAR, BANGALORE-560 016.
…PETITIONER
(BY SRI. M SUBRAMANYA., ADVOCATE (ABSENT))
NC: 2024:KHC:26632 WP No. 30418 of 2017 C/W WP No. 35619 of 2014 WP No. 37087 of 2014 WP No. 1190 of 2020 WP No. 6483 of 2020
AND:
THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA,
BANGALORE-560 001.
…RESPONDENTS
(BY SRI.PRINCE ISAC, AGA FOR R1; SMT. M.C. NAGASHREE, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO ANNEXSK,L,M AND U.(b)QUASH THE ENDORSEMENT DATED 27.03.2013 VIDE ANNEX-S AS THE SAID ENDORSEMENT IS ILLEGAL, UNJUST AND IN CONTRAVENTION OF ARTICLES 14, 16 AND 23 OF THE CONSTITUTION; (c) DIRECT THE RESPONDENTS BOTH THE STATE GOVERNMENT AS WELL AS THE BBMP TO GIVE EFFECT TO THE RESOLUTION OF THE COUNCIL AS WELL AS THE COMMITTEES VIDE ANNEXS-K,L AND M AS THESE RESOLUTIONS ARE PASSED IN ACCORDANCE WITH LAW.
NC: 2024:KHC:26632 WP No. 30418 of 2017 C/W WP No. 35619 of 2014 WP No. 37087 of 2014 WP No. 1190 of 2020 WP No. 6483 of 2020
IN WP NO. 1190/2020
BETWEEN:
SRI HARISH KUMAR B L S/O LINGAMURTHY B V AGED ABOUT 30 YEARS R/AT BYRAKOOR VILLAGE MULABAGILU TALUK KOLAR DISTRICT - 563131.
…PETITIONER
(BY SRI. RAJESHA SHETTIGARA.,ADVOCATE (ABSENT))
AND:
DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY.
BANGALORE - 560009.
…RESPONDENTS
(BY SRI.PRINCE ISAC., AGA FOR R1;
SRI. BATHE GOWDA, ADVOCATE FOR R2 & R3)
NC: 2024:KHC:26632 WP No. 30418 of 2017 C/W WP No. 35619 of 2014 WP No. 37087 of 2014 WP No. 1190 of 2020 WP No. 6483 of 2020
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE APPLICATION OF THE PETITIONER AND GIVE EFFECT TOT HE NOTIFICATION ISSUED BY THE R-2 VIDE ANNEXURE-A AND CONSIDER THE MERIT LIST DATED 19.10.2015 ISSUED BY THE R-2 VIDE ANNEURE-D WITH RESPECT OF PROVIDING EMPLOYMENT TO THE PETITIONER.
IN WP 6483/2020
BETWEEN:
SRI TUKARAMA S/O REVAPPA CHAWAN AGED ABOUT 42 YEARS, R/A NO. 789, MIG A SECTOR, YELAHANKA NEW TOWN BENGALURU NORTH TALUK BENGALURU - 560 064.
…PETITIONER
(BY SRI. PRAKASHA M.,ADVOCATE (ABSENT))
AND:
NC: 2024:KHC:26632 WP No. 30418 of 2017 C/W WP No. 35619 of 2014 WP No. 37087 of 2014 WP No. 1190 of 2020 WP No. 6483 of 2020
…RESPONDENTS
(BY SRI.PRINCE ISAC., AGA FOR R1; SRI. BATHE GOWDA, ADVOCATE FOR R2 & R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE NOTIFICATION DATED 01.07.2014 ISSUED BY THE R-2 WHICH IS PRODUCED AT ANNEXURE-A; DIRECT THE R-2 CONSIDER THE APPLICATION OF PETITIONER, AND GIVE EFFECT TO THE NOTIFICATION ISSUED BY THE R-2 DATED 01.07.2014 VIDE ANNEXURE-A WITH RESPECT TO PROVIDING EMPLOYMENT OF THE PETITIONER.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:26632 WP No. 30418 of 2017 C/W WP No. 35619 of 2014 WP No. 37087 of 2014 WP No. 1190 of 2020 WP No. 6483 of 2020
ORDER
None appears for the petitioners in these petitions, and this is despite this Court's peremptory orders on the previous hearing date viz., 28.06.2024 recording absence on behalf of the petitioners. This Court's order dated 28.06.2024 reads as under:
"None appears for the petitioner except the learned counsel for the petitioners in the writ petition in W.P. No.39153/2016. Smt M C Nagashree, the learned counsel who is on record for Bruhat Bengaluru Mahanagara Palike [BBMP] in some of these petitions, submits that the statement of objections are ready in those petitions that she appears.
If some of the learned counsels for the petitioners choose to remain absent, those petitions must be segregated and other petitions must be taken up for disposal but in the light of the statement of objections that could be placed on record in any one of the matters.
Therefore, with liberty to Smt M C Nagashree to file statement of objections in those petitions where she represents BBMP,
NC: 2024:KHC:26632 WP No. 30418 of 2017 C/W WP No. 35619 of 2014 WP No. 37087 of 2014 WP No. 1190 of 2020 WP No. 6483 of 2020
the office is directed to re-list these petitions on 11.07.2024 observing that if some of the learned counsel for the petitioners choose to remain absent even on the next date of hearing, those petitions could be de-tagged and dismissed for default."
The lack of interest in prosecuting the petitions is obvious, and therefore the petitions stand dismissed for default.
SD/JUDGE
AN/-
Bengaluru City Pourakarmika Gangmen Union BBMP Zonal Office represented by its General Secretary, Sri Mr. A. Jeyerem
Bangalore Nagara Poura Karmikara Sangha registered having its office in the Mahanagara Palike, Head Office Buildings, N.R. Square represented by its President,
The Karnataka Guttige Poura Karmikara Okkoota represented by its President, Sri N. Shankar
Sri Harish Kumar B L
Sri Tukarama
The State of Karnataka Department of Labour Housing and Urban Development Department represented by its Secretary
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
