In the High Court of Karnataka at Bengaluru

WP 36914-16/2015 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15 TH DAY OF JUNE, 2016 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.Nos.36914-916/2015 (S-RES) BETWEEN: 1. RAMA NAIK, S/O KARIYA NAIK, AGED ABOUT 62 YEARS, HAND PUMP MECHANIC (NOW TERMINATED), KANDHIKERE GRAM PANCHAYATH, KANDHIKERE HOBLI, MUDDENAHALLI POST, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT. 2. NARAYANA SWAMY, S/O C.A. VENKATAPPA, AGED ABOUT 60 YEARS HAND PUMP MECHANIC (NOW TERMINATED), R/AT DODDA YENNEGERE, GRAMA PANCHAYATH, ANDANAKERE HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT. 3. PARAMESHWARAIAH, S/O SIDDALINGAIAH, AGED ABOUT 48 YEARS, HAND PUMP MECHANIC (NOW TERMINATED), R/AT THIRTHAPURA GRAMA PANCHAYATH, KANDHIKERE HOBLI, CHIKKANAYAKANA HALLI TALUK TUMKUR DISTRICT. ... PETITIONERS (By Sri.K.B.LOKANATH, ADV.) WP 36914-16/2015 2 AND: 1. ZILLA PANCHAYATH, TUMKUR DISTRICT, TUMKUR, REP BY CHIEF EXECUTIVE OFFICER. 2. KANDHIKERE GRAMA PANCHAYATH, KANDHIKERE HOBLI, MUDDENAHALLI POST, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT, REP BY ITS SECRETARY. 3. DODDA YENNEGERE GRAM PANCHAYATH, ANDANAKEREHOBLI, CHIKKANAYAKANAHALLI TALUK, TUMKU DISTRICT, REP BY ITS SECRETARY. 4. THIRTHAPURA GRAMA PANCHAYATH, KANDHIKERE HOBLI, THIRTHAPURA POST, CHIKKANAYAKANA HALLI TALUK, TUMKUR DISTRICT, REP BY ITS SECRETARY. 5. J.C.PURA GRAM PANCHAYATH, CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT, BY ITS SECRETARY. ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PAY ARREARS OF SALARY DURING THE PERIOD IN WHICH THE SALARY WAS NOT PAID TO THE PETITIONERS BEFORE TERMINATION AND ETC. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: WP 36914-16/2015 3 ORDER 1. Petitioners have approached this Court seeking a writ of mandamus to pay arrears of salary for the period during which they worked as hand pump mechanics under the 1 st respondent – Zilla Panchayat, Tumakuru. They have also sought for a direction to reinstate them into service and to pay back wages from the date of termination till their reinstatement along with consequential benefits. 2. As per the averments made in the writ petition, 1 st petitioner was appointed during 1991 by the Assistant Executive Engineer, Zilla Panchayat Engineering Division, Chikkanayakanahalli, Tumakuru District as hand pump mechanic and he was permitted to sign the attendance register and receive salary of Rs.500/- per month. He has discharged his duties till October 1993. He was transferred to Kandhikere Gram Panchayat – 2 nd respondent, where he worked upto October 1994. According to him, from October 1993 he was not paid salary and from November 1994 he was forcibly prevented from marking the attendance and was deprived of the opportunity to discharge his duties. WP 36914-16/2015 4 3. 2nd petitioner, it is urged, was appointed as hand pump mechanic by the 1 st respondent – Zilla Panchayat through 5 th respondent – J.C.Pura Gram Panchayat, where he worked till February 1994. Thereafter, he was transferred from 5 th respondent to 3 rd respondent – Dodda Yennegere Gram Panchayat. His grievance is, that he was not paid salary nor was he permitted to mark his attendance under the 3rd respondent. 4. So far as 3 rd petitioner is concerned, he claims to have been appointed by the 1 st respondent – Zilla Panchayat on 01.04.1992 where he worked till 01.10.1993. According to him, though he continued to work even from 02.10.1993, he was not permitted to mark the attendance. He also complains that salary for the period from 10.02.1994 to 31.10.1994 was not paid to him. They have therefore approached this Court seeking the aforementioned reliefs. 5. I have heard the learned Counsel for the petitioners. On consideration of the contentions raised, I find that petitioners are guilty of delay and latches. They have kept quiet from 1994 till 2015 and after a delay of nearly 21 years, they have approached this Court seeking reinstatement and back wages WP 36914-16/2015 5 apart from payment of so-called arrears of salary. Such belated claims cannot be entertained by this Court. At any rate, if the petitioners were admittedly appointed on temporary basis and were aggrieved by the oral termination of their services and if they had been indeed rendered continuous service of more than 240 days, they ought to have raised industrial dispute under the provisions of the Industrial Disputes Act, 1947. Therefore, these writ petitions being misconceived, are dismissed. Sd/- JUDGE KK .

Load more