STATE OF KARNATAKA Vs. SOMESHWARI C. N.

JUDGEMENT

(1.) This intra Court appeal has been filed against the order dtd. 11/12/2020 passed by the learned Single Judge in the writ petition preferred by the respondents, the impugned endorsement dtd. 12/3/2018 rejecting the claim of the respondents seeking regularisation of their services have been quashed and appellant has been directed to reconsider the cases of the respondents bearing in mind the judgment of Hon'ble Supreme Court in 'SECRETARY, STATE OF KARNATAKA AND OTHERS VS UMADEVI AND OTHERS', (2006) 4 SCC 1 as well as decision 'STATE OF KARNATAKA & OTHERS VS M.L. KESARI & OTHERS', (2010) 9 SCC 247.

(2.) The facts giving rise to filing of this appeal briefly stated are that respondent No.1 claims to have been appointed on the post of typist in the year 1992 against the clear vacancy. It is the case of respondent No.1 that she has continued in service without any intervention of any order passed by any Court. Respondent Nos.2 and 3 were appointed on 2/5/1996 and 1/2/1996 respectively. By an order dtd. 17/9/1998, the services of respondent Nos.2 and 3 were terminated. Thereupon, they raised an industrial dispute and award dtd. 29/12/2005 was passed in favour of respondent Nos.2 and 3 by which their services were directed to be reinstated. It is their case that in pursuance of the award, the services of respondent Nos.2 and 3 were reinstated on 20/1/2006 and since then, they were in service.

(3.) Respondent No.4 was deputed to services on 10/5/1985 and his service was arbitrarily terminated by an order dtd. 1/6/1990. Thereupon, respondent No.4 raised an industrial dispute, which was rejected by an award dtd. 20/11/2000. The award passed by the labour Court was subject matter of challenge in writ petition W.P.No.20111/2001 which was allowed by a bench of this Court in order dtd. 28/2/2016. It is the case of respondent No.4 that since 28/2/2016, respondent No.4 is in service.