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In the High Court of Karnataka at Bangalore

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In the High Court of Karnataka at Bangalore 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 23 RD DAY OF JULY 2013 PRESENT THE HON'BLE MR.JUSTICE K.L.MANJUNATH AND THE HON’BLE MR.JUSTICE RAVI MALIMATH WRIT APPEAL No.3949/2010 (S-RES) AND WRIT APPEAL Nos.4332-4349/2010 (S-RES) C/W WRIT APPEAL Nos.4015-4033/2010 (S-RES) IN WRIT APPEAL No.3949/2010(S-RES): & WA Nos.4332-4349/2010(S-RES): BETWEEN: 1. AMBARISH M.R S/O REVAPPA GOWDA AGED ABOUT 27 YEARS C/O B.Y.SHANMUKAPPA, H.NO.EB.60(1-1) MESCOM GUEST HOUSE KUNJIBETTU, UDUPI-576102. 2. K.SURESH SHETTY, S/O T.SRIDHAR SHETTY, AGED ABOUT 39 YEARS KEDOOR HEBBADI HOUSE, KEDOOR POST AND VILLAGE KUNDAPUR TALUK UDUPI DISTRICT-576231. 2 3. HARISH, S/O BOODA POOJARY AGED ABOUT 35 YEARS MOODU VILLAGE ELLINJE POST MANGALORE TALUK D.K.DISTRICT-574141. 4. BASAPPA HADAPADA, S/O YELLAPPA HADAPADA, AGED ABOUT 32 YEARS MESCOM THOTA, UDUPI TALUK AND DISTRICT-576101. 5. DINESH KUMAR S/O ANANDA POOJARY AGED ABOUT 30 YEARS ARPITH NIWAS, JARKAL, KUKKUNDOOR POST, KARKALA TALUK UDUPI DISTRICT-576117 6. RAJESH ACHAR, S/O MANJUNATH ACHAR, AGED ABOUT 31 YEARS MARGOKI BARUR POST, KUNDAPUR TALUK, UDUPI DISTRICT-576231 7. NAGARAJA, S/O RAMAPPA, AGED ABOUT 35 YEARS SAIBRUKATTE YADTHADY POST AND VILLAGE SAIBRA DATTE, UDUPI TALUK AND DISTRICT-576101. 3 8. SANTHOSH V S/O NARASIMHA BILLVA AGED ABOUT 31 YEARS SANTHOSH NILAYA VAKKERY, POST BADAKERE NAVANDA, KUNDAPURA TALUK, UDUPI DISTRICT-576231. 9. UDAYA KUMAR S/O K.SUDHAKARAM, AGED ABOUT 32 YEARS "SUDHA SADANAM" ALBADY VILLAGE, BELVE POST, KUNDAPUR TALUK UDUPI DISTRICT-576212. 10. MAHESH MARAKALA, S/O KRISHNAPPA MENDON, AGED ABOUT 30 YEARS NITHAYANANDA NILAYA, NEAR V.M.TEMPLE, MATTU. KATAPADI POST. UDUPI TALUK AND DISTRICT-576101. 11. JAYAPRAKASH, S/O LATE SURYANARAYANA, AGED ABOUT 34 YEARS SHIVANANDA NAGAR, SHANKERPURA POST UDUPI TALUK AND DISTRICT-576101. 12. D.M.SIDDESWARA S/O MALAYAPPA, AGED ABOUT 33 YEARS KUNJIBETTU, UDUPI TALUK AND DISTRICT-576102. 4 13. ALBERT R PINTO, S/O RAYMOND PINTO, AGED ABOUT 31 YEARS NYARMA HOUSE, SHIRVA POST, UDUPI TALUK AND DISTRICT-574116. 14. N.BHOJA POOJARY, S/O NAGAU POOJARY, AGED ABOUT 35 YEARS NATTLA HOUSE, NIRE VILLAGE AND POST, KARKALA TALUK AND DISTRICT 15. NANDA KUMAR, S/O LATE ANNAIAH POOJARY, AGED ABOUT 41 YEARS "MATHRUSHRI NILAYA" HANGARA KATTE POST UDUPI TALUK AND DISTRICT-576218. 16. CHANDRAHASA.K. S/O KRISNAPPA.G AGED ABOUT 36 YEARS "PADUMANE" HOUSE KINNIMULKI UDUPI TALUK AND DISTRICT-576101 17. JANARDHANA POOJARI, S/O LAXMAN POOJARI, AGED ABOUT 28 YEARS BANSALE HOUSE, N.S.ROAD VADERHOBLI, KUNDAPUR TALUK AND UDUPI DISTRICT-576231 5 18. VIKRAM HEGDE, S/O LATE SHIVARAM HEGDE AGED ABOUT 31 YEARS MERDI VALAGINAMANE, POST BASRUR, KUNDAPUR TALUK, UDUPI DISTRICT-576231 19. KUMARA SWAMY.C MANI HALLI MATA, S/O C.V.MANIHALLI MATA, AGED ABOUT 21 YEARS SRIRAMPURA LAYOUT, KARI KURVE GUNDURAO LAY OUT, SAGAR TALUK, SHIMOGA-577401 ...APPELLANTS (BY SRI SAMPAT & VATSALA LAW ASSTS.,ADV.) AND: 1. MANGALORE ELECTRICITY SUPPLY COMPANY LTD., REPRESENTED BY ITS MANAGING DIRECTOR CORPORATE OFFICE, PARDIM PLAZA, 5TH FLOOR, A.B.SHETTY CIRCLE, MANGALORE-575001. 2. THE ASSISTANT GENERAL MANAGER, ADMINISTRATION & HRD, MESCOM, CORPORATE OFFICE, A.B.SHETTY CIRCLE, MANGALORE-575 001. 3. KARNATAKA POWER TRANSMISSION CORPORATION LTD, REPRESENTED BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, 6 KAVERI BHAVAN, BANGALORE-560 009. 4. THE STATE OF KARNATAKA, DEPARTMENT OF POWER & ENERGY, REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001. ... RESPONDENTS (BY SRI B.C.PRABHKAR FOR R1-3, SRI D.VIJAYA KUMAR, AGA FOR R4) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.4854/2008(S-RES) DATED 05/10/2010. IN WA Nos.4015-4033/2010(S-RES): BETWEEN: 1. SRI J.VINAYA PRASAD RAO, S/O SRI.J SHANKAR, AGED ABOUT 41 YEARS, WORKING AS TEMPORARY METER READER, MESCOM NO.1 SUB DIVISION, S-3, SECTION,MALLIKARA, MANGALORE-570 002, RESIDING AT NO.3/65-1, ‘SHIVADARSHAN’, JEPPINAMOGARU, MANGALOR-570009. 2. SRI VASUDEVA RAO, S/O SRI.P RAMA AITHAL, AGED ABOUT 39 YEARS, WORKING AS TEMPORARY 7 METER READER, MESCOM NO.1, SUB DIVISION, S-2, SECTION, JEPPU, MANGALORE-570 002 RESIDING AT PALNEER HOUSE, PANAMBUR, POST MEENAKALINGA, MANGALORE 3. SRI BASAVARAJ.M.P S/O.PARASHURAMAPPA.M.B., AGED ABOUT 31 YEARS, WORKING AS TEMPORARY METER READER, MESCOM NO.3 SUB DIVISION, O & M SUB-DIVISION, O & M SECTION, KULASHEKAR, MANGALORE-575005 RESIDING AT CHITTUR, POST UDUGANI, SORABA TALUK, SHIMOGA DISTRICT-577447. 4. SRI DHANARAJ K, S/O SRI K BHAVANISHANKAR, AGED ABOUT 32 YEARS, WORKING AS TEMPORARY METER READER, MESCOM NO.3, SUB DIVISION, O & M SECTION, KULSHEKAR, MANGALORE-575005 RESIDING AT SUSHILA NIVAS, 4TH CROSS, ATTAVARA, MANGALORE 5. SRI RAVEENDRA D.R S/O SRI D.R.RANGAPPA, AGED ABOUT 32 YEARS, WORKING AS TEMPORARY METER READER, MESCOM, MANNAGUDDA, 8 MANGALORE, RESIDING AT VADEYARA HATHUR POST, HONNALLI TALUK, DAVANAGERE DISTRICT 6. SRI S.PRAKASH, S/O SRI SADASHIVAPPA, AGED ABOUT 31 YEARS, WORKING AS TEMPORARY METER READER, MESCOM, O & M SECTION NEHRU MAIDAN, MANGALORE, RESIDING AT SRS QUARTERS, KPTCL, KAVOOR, MANGALORE 7. SRI SUDHAKAR, S/O SRI JAYA, AGED ABOUT 32 YEARS, WORKING AS TEMPORARY METER READER, MESCOM NO. O & M SECTION, BAJPE, MANGALORE RESIDING AT TODANKILA HOME, BANNANGADI POST, MANGALORE 8. SRI SANTHOSH, S/O LATE LOKAYYA BANGERA, AGED ABOUT 32 YEARS, WORKING AS TEMPORARY METER READER, MESCOM, O & M SECTION, KULASHEKAR, MANGALORE-575005 RESIDING AT KUMPALA BARDE SITE, KOTEKAR POST, MANGALORE 9 9. SRI JAGADISH, S/O SRI GOPAL, AGED ABOUT 32 YEARS, WORKING AS TEMPORARY METER READER, MESCOM, O & M SECTION, KULSHEKAR, MANGALORE-575005 RESIDING AT A.R.S ULLAL BAIL, ULLAL POST, MANGALORE 10. SRI JAYAPRAKASH M, S/O SRI RAMA BHAT M, AGED ABOUT 31 YEARS, WORKING AS TEMPORARY METER READER, MESCOM, O & M SECTION, MADANTHYAR, BELTHANGADI, RESIDING AT UMMETTUDURI HOUSE, POST VITTAL, BANTWAL TALUK-574243, DAKSHINA KANNADA DISTRICT 11. SRI V.HARSHA, S/O SRI BASAVARAJ, AGED ABOUT 31 YEARS, WORKING AS TEMPORARY METER READER MESCOM, O & M SECTION, MADANTHYAR, BELTHANGADI RESIDING AT BOBEKERI HOUSE, POST VITTAL, BANTWAL TALUK-574 243 DAKSHINA KANNADA DISTRICT 12. SRI UMESH GOWDA.P S/O CHENNAPPA GOWDA, AGED ABOUT 32 YEARS, WORKING AS TEMPORARY METER READER, MESCOM, O & M SECTION, 10 MADANTHYAR, BELTHANGADI, RESIDING AT PARPAJE HOUSE, BARIMARA VILLAGE, P.O.MANI, BANTWAL TALUK-574 243 DAKSHINA KANNADA DISTRICT 13. SRI HARISH.S S/O SRI CHIKKAYYA POOJARY, AGED ABOUT 31 YEARS, WORKING AS TEMPORARY METER READER, MESCOM, O & M SECTION, BELTHANGADI, BELTHANGADI SUB DIVISION, DAKSHINA KANNADA DISTRICT RESIDING AT SHEDIGURI HOUSE, POST NARIKOMBU, BANTWAL TALUK-574 231, DAKSHINA KANNADA DISTRICT 14. MR.RONI LEO D’SOUZA, S/O MR.THOMAS D’SOUZA, AGED ABOUT 32 YEARS, WORKING AS TEMPORARY METER READER, MESCOM, O & M SECTION, MADANTHYAR, BELTHANGADI, RESIDING AT NAGRI HOUSE, SAJIPAMUDA POST & VILLAGE, BANTWAL TALUK-574243, DAKSHINA KANNADA DISTRICT 15. SRI.K.GANESH, S/O LATE CHENNAPPA GOWDA, AGED ABOUT 32 YEARS, WORKING AS TEMPORARY METER READER, MESCOM, O & M SECTION, SULLIA, SULLIA SUB-DIVISION, 11 RESIDING AT MURA HOUSE, NEHRU NAGAR P.O., PUTTUR TALUK-574 203, DAKSHINA KANNADA DISTRICT 16. SRI SURESH S S/O SRI THAMMAYYA GOWDA, AGED ABOUT 31 YEARS, WORKING AS TEMPORARY METER READER, MESCOM, O & M SECTION, SULLIA, SULLIA SUB-DIVISION, RESIDING AT THUMBULKADKA HOUSE, SARVE POST & VILLAGE, PUTTUR TALUK-574 203, DAKSHINA KANNADA DISTRICT 17. SRI JAYAPRAKASH.K S/O SRI DEVIDAS GOWDA, AGED ABOUT 31 YEARS, WORKING AS TEMPORARY METER READER, MESCOM, O & M SECTION, SULLIA, SULLIA SUB DIVISION, RESIDING AT KAJJODI HOUSE, HARIHARA PALLATHADKA POST, SULLIA TALUK, DAKSHINA KANNADA DISTRICT 18. SRI M.ANANDA S/O LATE SHESHAPPA GOWDA, AGED ABOUT 32 YEARS, WORKING AS TEMPORARY METER READER, MESCOM, O & M SECTION, SULLIA, SULLIA SUB DIVISION, RESIDING AT NEHRU NAGAR, P.O, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT 12 19. SRI M.KRISHNAPPA, S/O SRI ANNU MOOLYA, AGED ABOUT 31 YEARS, WORKING AS TEMPORARY METER READER, MESCOM, O & M SECTION, SULLIA, SULLIA SUB DIVISION, RESIDING AT MACHIMALE HOUSE, ARYAPU POST & VILLAGE, PUTTUR TALUK-574 201, DAKSHINA KANNADA DISTRICT ... APPELLANTS (BY SRI B.C.PRABHAKAR, ADV. FOR R2 AND 3, R1 MD-KPTCL) AND: 1. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, CAUVERY BHAVAN, K.G.ROAD, BANGALORE-560009 2. MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, NEAR A B SHETTY CIRCLE, PARADIM PLAZA, MANGALORE-575 001 3. THE CHIEF ENGINEER, MESCOM, MAROLI, KULASHEKHAR, MANGALORE-575 005. ... RESPONDENTS (BY SRI B.C.PRABHAKAR, ADV. FOR R2 & 3 R1 MD.KPTCL. SERVED ABSENT) 13 THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.5174/2008 DATED 25/10/10 THESE APPEALS COMING ON FOR HEARING THIS DAY, MANJUNATH, J. , DELIVERED THE FOLLOWING: JUDGMENT The fact and law involved in all these appeals are identical. All these appeals are heard together and disposed of by this common order. 2. Heard the learned counsel appearing for all the parties. 3. The appellants are all working as temporary meter readers for more than 13 to 14 years on contract basis. Their services were sought to be terminated by the Management. Therefore, the writ petitions came to be filed seeking several reliefs. 4. The main relief sought by the appellants is to regularize their services as meter readers in the Corporation and to pay them salary and allowances on 14 par with permanent meter readers who are doing similar work in the Company/Corporation.
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