BASAVARAJU R T vs THE UNION OF INDIA

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF AUGUST, 2021

PRESENT

THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.41752/2019 C/W WRIT PETITION NO.41751/2019 WRIT PETITION NO.41753/2019 WRIT PETITION NO.41754/2019 WRIT PETITION NO.41755/2019 WRIT PETITION NO.41756/2019 WRIT PETITION NO.41758/2019 WRIT PETITION NO.41759/2019 WRIT PETITION NO.41760/2019 WRIT PETITION NO.2754/2021 WRIT PETITION NO.3504/2021 (S-CAT)

IN WRIT PETITION NO.41752/2019

BETWEEN

PUTTATAYAMMA W/O SHIDDAIAH AGED 48 YEARS, WORKING AS CONTINGENT CASUAL LABOUR, O/O ASSISTANT COMMISSIONER OF CENTRAL TAX, 16/1, S P COMPLEX, LALBAGH ROAD, BANGALORE-560 027.

... PETITIONER

(BY SRI. M.V.KRISHNA MOHAN, ADV.)

AND:

1 . THE UNION OF INDIA THROUGH THE SECRETARY,

DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110 001.

2 . THE CHIEF COMMISSIONER OF CENTRAL EXCISE (KARNATAKA CIRCLE), C.R.BUILDING, QUEENS ROAD, BANGALORE-560 001.

... RESPONDENTS

(BY SRI MADAN PILLAI R., CGSC FOR R1 SRI.B.PRAMOD, ADV. FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.06.2019 IN O.A.NO.170/1463/2018 PASSED BY THE HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH AT BANGALORE AS PER ANNEXURE-A AND ETC.

IN WRIT PETITION NO.41751/2019

BETWEEN

1 . SANDHYA D JADHAV W/O. GAJANAN MUKUND, AGED ABOUT 47 YEARS, WORKING AS CONTINGENT CASUAL LABOUR, O/O. CUSTOMS HOUSE, HONNAVAR, UTTARA KANNADA, KARNATAKA-581334.

2 . LAXMI W/O. VASU DUNDAPPA AGED ABOUT 39 YEARS, WORKING AS CONTINGENT CASUAL LABOUR, O/O. NEW CUSTOMS HOUSE, PANAMBUR, MANGALORE-10.

... PETITIONERS

(BY SRI MADAN PILLAI R., CGSC FOR R1 SRI.B.PRAMOD, ADV. FOR R2 & R3)

AND:

1 . THE UNION OF INDIA THROUGH THE SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110001.

2 . THE CHIEF COMMISSIONER OF CENTRAL EXCISE (KARNATAKA CIRCLE), C.R. BUILDING, QUEENS ROAD, BANGALORE-560001.

3 . THE COMMISSIONER OF CUSTOMS OFFICE OF COMMISSIONER OF CUSTOMS, NEW CUSTOMS HOUSE, PANAMBUR, MANGALORE-575010.

4 . SUPERINTENDENT OF CUSTOMS CUSTOMS SPECIAL-1 PREVENTIVE, CUSTOMS HOUSE, HONNAVAR, UTTARA KANNADA, KARNATAKA-581334.

... RESPONDENTS

(BY SRI B.PRAMOD, ADV. FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.06.2019 IN O.A.NO.170/303/2017 PASSED BY THE HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH AT BANGALORE AS PER ANNEXURE-A AND ETC.

IN WRIT PETITION NO.41753/2019

BETWEEN

S MANGALAGOWRI W/O H.S.KRISHNA AGED ABOUT 49 YEARS WORKING AS CONTINGENT CASUAL LABOUR O/O THE ADG(AUDIT) BMTC/TTMC COMPLEX

BANASHANKARI BENGALURU-560070

... PETITIONER (BY SRI. M.V.KRISHNA MOHAN, ADV.)

AND:

1 . THE UNION OF INDIA THROUGH THE SECRETARY DEPARTMENT OF REVENUE MINISTRY OF FINANCE NORTH BLOCK NEW DELHI-110001

2 . THE CHIEF COMMISSIONER OF CENTRAL EXCISE (KARNATAKA CIRCLE) C R BUILDING, QUEENS ROAD BANGALORE-560001

3 . OFFICE OF THE ADDITIONAL DIRECTOR GENERAL(AUDIT), CUSTOMS CENTRAL EXCISE AND SERVICE TAX BENGALURU ZONAL UNIT 5TH FLOOR, 16/1, S P COMPLEX LALBAGH ROAD BENGALURU-560027

... RESPONDENTS

(BY SRI MADAN PILLAI R., CGSC FOR R1 SRI.B.PRAMOD, ADV. FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.06.2019 IN O.A.NO.170/304/2017 PASSED BY THE HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH AT BANGALORE AS PER ANNEXURE-A AND ETC.

IN WRIT PETITION NO.41754/2019

BETWEEN

M. SEGAR S/O MANIKEYAM.S WORKING AS CONTINGENT CASUAL LABOUR, O/O THE COMMISSIONER OF CENTRAL EXCISE,

S1 & S2 VIJAYAMARG, SIDHARTHA NAGAR, MYSORE-570 011

... PETITIONER

(BY SRI. M.V.KRISHNA MOHAN, ADV.)

AND:

1 . THE UNION OF INDIA THROUGH THE SECRETARY DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110 001

2 . THE CHIEF COMMISSIONER OF CENTRAL EXCIXE KARNATAKA CIRCLE), C.R.BUILDING, QUEENS ROAD, BANGALORE-560 001.

3 . THE COMMISSIONER CENTRAL EXCISE AND CUSTOM BANGALORE I COMMISSIONERATE, VIJAYAMARG, SIDHARTHA NAGAR, MYSORE-570011.

... RESPONDENTS

(BY SRI MADAN PILLAI R., CGSC FOR R1 SRI.B.PRAMOD, ADV. FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.06.2019 IN O.A.NO.170/305/2017 PASSED BY THE HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH AT BANGALORE AS PER ANNEXURE-A AND ETC.

IN WRIT PETITION NO.41755/2019

BETWEEN

1 . C M NARAYANASWAMY S/O MUNNIAPPA AGED ABOUT 50 YEARS WORKING AS CONTINGENT CASUAL LABOUR

O/O COMMISSIONER OF CENTRAL EXCISE BANGALORE-1 COMMISSIONERATE BANGALORE-560001

2 . M SARASWATHI W/O LATE MAGESEVARAN AGED 42 YEARS WORKING AS CONTINGENT CASUAL LABOUR O/O CENTRAL EXCISE KENGERI DIVISION BANGALORE-III COMMISSIONERATE BANGALORE-1

3 . VASANTHA R S/O RAME GOWDE AGED ABOUT 54 YEARS WORKING AS CONTINGENT CASUAL LABOUR O/O THE COMMISSIONER OF CENTRAL EXCISE BANGALORE-II COMMISSINARATE C R BUILDING, QUEENS ROAD BANGALORE-560 001

4 . LAKSHM R W/O RAJKUMAR AGED 43 YEARS WORKING AS CONTINGENT CASUAL LABOUR O/O CITY CUSTOMS COMMISSIONERATE CHIEF COMMISSIONER OF CENTRAL EXCISE BANGALORE ZONE, QUEENS ROAD BANGALORE-560 001

5 . S M NAGARAJU S/O MARAGANDAIAH AGED 53 YEARS WORKING AS CONTINGENT CASUAL LABOUR O/O ASSISTANT COMMISSIONER OF CENTRAL EXCISE MARATHAHALLI DIVISION A WING 6TH FLOOR, KENDRIYASADAN KORMANAGALA BANGALORE-560034

6 . SIDDALINGAPPA S/O CHIKKAJWARAIAH AGED 42 YEARS WORKING AS CONTINGENT CASUAL LABOUR O/O CENTRAL EXCISE

KENGERI DIVISION BANGALORE-III COMMISSIONERATE BANGALORE-1

7 . C.RAJKUMAR S/O CHIKKARAMABHOVI AGED 48 YEARS WORKING AS CONTINGENT CASUAL LABOUR O/O CHIEF COMMISSIONER OF CENTRAL EXCISE BANGALORE ZONE, QUEENS ROAD BANGALORE-1

8 . P V SRINIVAS S/O P VENKATASWAMY AGED ABOUT 54 YEARS WORKING AS CONTINGENT CASUAL LABOUR O/O ASSISTANT COMMISSIONER OF CENTRAL EXCISE MARTHAHALLI DIVISION A WING 6TH FLOOR, KENDRIYASADAN KORMANAGALA BANGALORE-560034 ... PETITIONERS

(BY SRI. M.V.KRISHNA MOHAN, ADV.)

AND:

1 . THE UNION OF INDIA THROUGH THE SECRETARY DEPARTMENT OF REVENUE MINISTRY OF FINANCE NORTH BLOCK NEW DELHI-110 001

2 . THE CHIEF COMMISSIONER OF CENTRAL EXCISE (KARNATAKA CIRCLE) C R BUILDING, QUEENS ROAD BANGALORE-560 001

... RESPONDENTS

(BY SRI MADAN PILLAI R., CGSC FOR R1 SRI.B.PRAMOD, ADV. FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

IMPUGNED ORDER DATED 04.06.2019 IN O.A.NO.170/306/2017 PASSED BY THE HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH AT BANGALORE AS PER ANNEXURE-A AND ETC.

IN WRIT PETITION NO.41756/2019

BETWEEN

1 . YADAV S/O SHRI. KAMALAKSHA AGED ABOUT 36 YEARS WORKING AS CONTINGENT CASUAL LABOUR, O/O NEW CUSTOMS HOUSE, PANAMBUR, MANGALORE 10

2 . SATHISH SHETTY S/O RAJESH SHETTY, AGED ABOUT 42 YEARS WORKING AS CONTINGENT CASUAL LABOUR, O/O SUPERINTENDENT OF CUTOMS, CUSTOMS UNIT, CPSU, KUNDAPUR, HALADY ROAD, KOTESHWAR VILLAGE, MANGALORE

... PETITIONERS (BY SRI. M.V.KRISHNA MOHAN, ADV.)

AND:

1 . THE UNION OF INDIA THROUGH THE SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI 110 001.

2 . THE CHIEF COMMISSIONER OF CENTRAL EXCISE (KARNATAKA CIRCLE), C.R. BUILDING, QUEENS ROAD, BANGALORE 560 001.

3 . THE COMMISSIONER OF CUSTOMS OFFICE OF COMMISSIONER OF CUSTOMS,

NEW CUSTOMS HOUSE, PANAMBUR, MANGALORE 575003.

... RESPONDENTS

(BY SRI MADAN PILLAI R., CGSC FOR R1 SRI.B.PRAMOD, ADV. FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.06.2019 IN O.A.NO.170/424/2017 PASSED BY THE HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH AT BANGALORE AS PER ANNEXURE-A AND ETC.

IN WRIT PETITION NO.41758/2019

BETWEEN

V NAGARAJU S/O VENKATASWAMY AGED ABOUT 47 YEARS, WORKING AS CONTINGENT CASUAL LABOUR O/O PRINCIPAL ADDL DIRECTOR GENERAL DGCEI NO.112, SP ENCLAVE K H ROAD, BANGALORE-560027

... PETITIONER

(BY SRI. M.V.KRISHNA MOHAN, ADV.)

AND:

1 . THE UNION OF INDIA THROUGH THE SECRETARY DEPARTMENT OF REVENUE MINISTRY OF FINANCE NORTH BLOCK NEW DELHI-110 001

2 . THE DIRECTOR GENERAL DIRECTOR GENERAL OF CENTRAL EXCISE INTELLIGENCE WEST BLOCK NO VIII, WING NO.VI NEW DELHI-110066

3 . OFFICE OF THE ADDITIONAL DIRECTOR GENERAL

DIRECTORATE GENERAL OF CENTRAL EXCISE INTELLIGENCE ZONAL OFFICE, # 6, SHIVA SHAKTHI 11TH CROSS, WEST OF CHORD ROAD, II STAGE, BANGALORE-560086

... RESPONDENTS

(BY SRI.MADAM PILLAI R. CGSC FOR R1 SRI.B.PRAMOD, ADV. FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.06.2019 IN O.A.NO.170/308/2017 PASSED BY THE HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH AT BANGALORE AS PER ANNEXURE-A AND ETC.

IN WRIT PETITION NO.41759/2019

BETWEEN

1 . K CHANDRASHEKAR S/O. KARI GOWDA, AGED ABOUT 54 YEARS WORKING AS CONTINGENT CAUSAL LABOUR, O/O. ASSISTANT COMMISSIONER OF CENTRAL EXCISE, MARTHAHALLI DIVISION A WING, 6TH FLOOR, KENDRIYA SADAN, KORAMANGALA, BANGALORE 560034

2 . SHANTHA W/O. BASAVEGOWDA, AGED ABOUT 47 YEARS WORKING AS CONTINGENT CASUAL LABOUR, O/O. COMMISSIONER OF CENTRAL EXCISE, BANGALORE - II, COMMISSIONERATE, CR BUILDING, QUEEN ROAD, BANGALORE 560001

3 . S. RAVI S/O. M SWAMINATHAN , AGED ABOUT 40 YEARS WORKING AS CONTINGENT CAUSAL LABOUR, O/O. COMMISSIONER OF CENTRAL EXCISE, JAYANAGAR DIVISION, BANGALORE III,

COMMISSIONERATE, BSK, BUS STAND, 1ST FLOOR, BSK BANGLAORE- 560 070

4 . HONNABARAVA S/O. KALABORAYYA, AGED ABOUT 39 YEARS WORKING AS CONTINGENT CAUSAL LABOUR, O/O. ASSISTANT COMMISSIONER OF CENTRAL EXCISE, KENGERI DIVISION, CRESENT ROAD, BANGLAORE 560001

5 . ANANDA K S/O. KALABORAIAH, AGED ABOUT 35 YEARS WORKING AS CONTINGENT CAUSAL LABOUR, O/O. ASSISTANT COMMISSIONER OF CENTRAL EXCISE, KENGERI DIVISION, CRESENT ROAD, BANGLAORE 560001

6 . C VARADARAJ S/O.CHIKKAIAH, AGED ABOUT 39 YEARS WORKING AS CONTINGENT CAUSAL LABOUR, O/O. ADDITIONAL COMMISSIONER OF CUSTOM, ICD, WHITE FIELD, BANGALORE 560066

7 . C V MALLIKARJUNA S/O. CM VENKATARAMANAPPA, AGED ABOUT 38 YEARS WORKING AS CONTINGENT CAUSAL LABOUR, O/O. ADDITIONAL COMMISSIONER OF CUSTOM, ICD, WHITE FIELD, BANGALORE 560066

8 . R. PADMA W/O. RAMESH, AGED ABOUT 45 YEARS WORKING AS CONTINGENT CAUSAL LABOUR, O/O. COMMISSIONER OF CENTRAL EXCIES, BANGLAORE III, COMMISSIONERATE, QUEENS ROAD, BANGALORE 560001

9 . DEVARAJ K S/O. KALAIAH, AGED ABOUT 40 YEARS WORKING AS CONTINGENT CAUSAL LAOBUR, O/O. COMMISSIONER OF SERVICE TAX-II, BMTC BUILDING, OLD AIR PORT, DOMULURE, BANGALORE

10 . D. PURUSHOTHAMA S/O. LATE. DASAPPA D, AGED ABOUT 43 YEARS WORKING AS CONTINGENT CAUSAL LABOUR, O/O. ASSISTANT COMMISSIONER OF CENTRAL EXCISE, KORAMANGALA DIVISION, KENDRIYA SADAN, KORMANGALA, BANGALORE 560034

11 . M R PRASHANTH S/O. LATE. RAGHU BABU, AGED ABOUT 40 YEARS WORKING AS CONTINGENT CAUSAL LABOUR O/O. ASSISTANT COMMISSIONER OF CENTRAL EXCISE, KORAMANGALA DIVISION, KENDRIYASADAN, KORAMANGALA, BANGALORE 560 034

12 . SHANKAR S/O. CHINNAPPA REDDY, AGED ABOUT 46 YEARS WORKING AS CONTINGENT CAUSAL LABOUR, O/O. ASSISTANT COMMISSIONER OF CENTRAL EXCISE, KORAMANGALA DIVISION, KENDRIYASADAN, KORAMANGALA, BANGALORE 560034

13 . A V GOPAL S/O. M R VENKATASWAMY, AGED ABOUT 41 YEARS WORKING AS CONTINGENT CASUL LABOUR, O/O. COMMISSIONER OF CENTRAL EXCISE, HEADQUARTERS, BANGALORE III, COMMISSIONERATE, C R BUILDING, QUEEN ROAD, BANGALORE 560 001

14 . K. SATHISH KUMAR S/O. KANDASWAMY, WORKING AS CONTINGENT CASUL LABOUR, O/O.BANGALORE III COMMISSIONERATE, CR BUILDING, QUEEN ROAD, BANGALORE 560001

... PETITIONERS (BY SRI. M.V.KRISHNA MOHAN, HCGP)

AND:

1 . THE UNION OF INDIA THROUGH THE SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI 110001

2 . THE CHIEF COMMISSIONER OF CENTRAL EXCISE (KARNATAKA CIRCLE), C R BUIDLING, QUEENS ROAD, BANGALORE 560001

... RESPONDENTS

(BY SRI.MADAN PILLAI, CGSC FOR R1 SRI.B.PRAMOD, ADV. FOR R2 & R3.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.06.2019 PASSED BY THE HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH AT BANGALORE AS PER ANNEXURE-A AND ETC.

IN WRIT PETITION NO.41760/2019

BETWEEN

SHRIDHAR THANAPPA KAMBLE S/O THANAPPA WORKING AS CONTINGENT CASUAL LABOAUR, O/O DIRECTOR GENERAL OF GOODS & SERVICE TAX INTELLIGENCE, BELGAUM REGIONAL UNIT, BHUSHANA PLOT NO.324,

IIIRD STAGE, HANUMAN NAGAR, NEAR HANUMAN TEMPLE, BELAGAVI-590019. ... PETITIONER (BY SRI. M.V.KRISHNA MOHAN, ADV.)

AND:

1 . THE UNION OF INDIA THROUGH THE SECRETARY DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110 001.

2 . THE DIRECTOR GENERAL DIRECTORATE GENERAL OF GOODS AND SERVICE INTELLIGENCE III FLOOR, WEST BLOCK NO.VIII, WING NO.VI, NEW DELHI-110 066

3 . THE PRINCIPAL ADDITIONAL DIRECTORATE GENERAL OF GOODS AND SERVICE INTELLIGENCE, BANGALORE ZONAL UNIT, 112, K.H.ROAD, BANGALORE-560 027.

4 . THE JOINT DIRECTOR DIRECTOR GENERAL OF GOODS & SERVICE TAX INTELLIGENCE, BELAGAVI REGIONAL UNIT, BHUSHANA PLOT NO.324, IIIRD STAGE, II STAGE, HANUMAN NAGAR, NEAR HANUMAN TEMPLE, BELAGAVI-590019.

... RESPONDENTS (BY SRI.MADAN PILLAI, CGSC FOR R1 SRI.B.PRAMOD, ADV. FOR R2 & R3.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.06.2019 IN O.A.NO.170/423/2017 PASSED BY THE HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL,

BANGALORE BENCH AT BANGALORE AS PER ANNEXURE-A AND ETC.

IN WRIT PETITION NO.2754/2021

BETWEEN

1 . BASAVARAJU R T S/O THIMMAIAH, AGED ABOUT 39 YEARS WORKING AS CONTINGENT CASUAL LABOUR, O/O CENTRAL EXCISE, MALENADU DIVISION, HASSAN 573 212

2 . D SURESH S/O DEVAIAH, AGED ABOUT 47 YEARS, WORKING AS CONTINGENT CASUAL LABOUR, O/O THE COMMISSIONER OF CENTRAL EXCISE, S1 AND S2, VIJAYAMARG, SIDHARTHA NAGAR, MYSORE 570011 ... PETITIONERS

(BY SRI. M.V.KRISHNA MOHAN, ADV.)

AND:

1 . THE UNION OF INDIA THROUGH THE SECRETARY, DEPARTMENT OF REVENUE, MINSITRY OF FINANCE, NORTH BLOCK, NEW DELHI 110001

2 . THE CHIEF COMMISSIONER OF CENTRAL EXCISE (KARNATKA CIRCLE) C.R.BUILDING, QUEENS ROAD, BANGALORE-560 001

THE COMMISSIONER CENTRAL EXCISE AND CUSTOM, BANGALORE I COMMISSIONERATE, VIJAYAMARG, SIDHARTHA NAGAR, MYSORE.

... RESPONDENTS

(BY SRI.MADAN PILLAI, CGSC FOR R1 SRI.B.PRAMOD, ADV. FOR R2 & R3.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.06.2019 IN O.A.NO.170/307/2017 PASSED BY THE HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH AT BANGALORE AS PER ANNEXURE-A AND ETC.

IN WRIT PETITION NO.3504/2021

BETWEEN:

M VENKATESH S/O MUNIYAPPA AGED ABOUT 37 YEARS WORKING AS CONTINGENT CASUAL LABOUR O/O SUPERINTENDENT OF CENTRAL EXCISE BANGALORE-04 COMMISSIONERATE DODDABALAPURA RANGE,C.R.BUILDING QUEENS ROAD, BANGALORE- 560 001 ... PETITIONER (BY SRI. M.V.KRISHNA MOHAN, ADV.)

AND:

1 . THE UNION OF INDIA THROUGH THE SECRETARY DEPARTMENT OF REVENUE MINISTRY OF FINANCE NORTH BLOCK, NEW DELHI-110001

2 . THE CHIEF COMMISSIONER OF CENTRAL EXCISE (KARNATAKA CIRCLE) C.R.BUILDING, QUEENS ROAD, BANGALORE-560001.

... RESPONDENTS (BY SRI.MADAN PILLAI, CGSC FOR R1 SRI.B.PRAMOD, ADV. FOR R2 & R3.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.06.2019 IN O.A.NO.170/500/2017 PASSED BY THE HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL,

BANGALORE BENCH AT BANGALORE AS PER ANNEXURE-A AND ETC.

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP AND HAVING BEEN HEARD AND RESERVED ON 27.07.2021, THIS DAY, SATISH CHANDRA SHARMA, J., PRONOUNCED THE FOLLOWING:

ORDER

Regard being had to the similitude in the controversy involved in all these cases, they were heard analogously together and a common order is being passed.

The facts of W.P.No.41752/2019 are narrated as under:

The petitioner before this Court has filed the present petition being aggrieved by the order dated 4.6.2019 passed by the Central Administrative Tribunal, Bangalore Bench, Bengaluru, in Original Application No.170/01463/2018 (Puttatayamma v. The Union of India and others).

The facts of the case as stated in the writ petition reveal that the petitioner was engaged on 16.6.2000 on full time basis and in spite of the fact that she was working in the department for 19 years, she has not been regularized. She is aggrieved by the order passed by the Central

Administrative Tribunal (hereinafter referred to as the Tribunal) in rejecting her claim for regularization.

The Hon'ble Supreme Court while delivering a land mark judgment in the case of Secretary, State of Karnataka and others v. Uma Devi, reported in (2006) 4 SCC 1, has directed the Union of India, the State Governments and their instrumentalities to take steps as a one time measure for regularizing the appointments subject to the terms and conditions stated in the judgment of the Hon'ble Supreme Court. Paragraph 44 of the judgment in Uma Devi's case (supra) reads as under;

"44. The concept of “equal pay for equal work” is different from the concept of conferring permanency on those who have been appointed on ad hoc basis, temporary basis, or based on no process of selection as envisaged by the rules. This Court has in various decisions applied the principle of equal pay for equal work and has laid down the parameters for the application of that principle. The decisions are rested on the concept of equality enshrined in our Constitution in the light of the directive principles in that behalf. But the acceptance of that principle cannot lead to a position where the court could direct that appointments made without following the due procedure established by law, be deemed permanent or issue directions to treat them as permanent. Doing so, would be negation of the principle of equality of opportunity. The power to make an order as is necessary for doing complete justice in any cause or matter pending before this Court, would

not normally be used for giving the go-by to the procedure established by law in the matter of public employment. Take the situation arising in the cases before us from the State of Karnataka. Therein, after Dharwad decision [(1990) 2 SCC 396 : 1990 SCC (L&S) 274 : (1990) 12 ATC 902 : (1990) 1 SCR 544] the Government had issued repeated directions and mandatory orders that no temporary or ad hoc employment or engagement be given. Some of the authorities and departments had ignored those directions or defied those directions and had continued to give employment, specifically interdicted by the orders issued by the executive. Some of the appointing officers have even been punished for their defiance. It would not be just or proper to pass an order in exercise of jurisdiction under Article 226 or 32 of the Constitution or in exercise of power under Article 142 of the Constitution permitting those persons engaged, to be absorbed or to be made permanent, based on their appointments or engagements. Complete justice would be justice according to law and though it would be open to this Court to mould the relief, this Court would not grant a relief which would amount to perpetuating an illegality."

The Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) has issued an Office Memorandum dated 11.12.2006 for regularization of daily wagers and as the petitioner was not regularized, she has approached the Tribunal. However, the Tribunal has declined the relief to the petitioner on the ground that at the relevant point of time when the Office Memorandum was issued, the

petitioner has not put in 10 years of service and her case was not covered by the judgment delivered by the Hon'ble Supreme Court and the Scheme framed thereafter.

The petitioner has placed reliance upon various judgments delivered by the Tribunal relating to daily wagers. However, the fact remains that the petitioner was not fulfilling the terms and conditions and the policy relating to the regularization.

The order passed by the Government of India dated 11.12.2006 is reproduced as under; "No.49019/1/2006-Estt

Govt. of India Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) New Delhi,

dated the 11th December,2006

OFFICE MEMORANDUM

Subject: Regularisation of qualified workers appointed against sanctioned posts in irregular manner. --- 1. The undersigned is directed to say that the instructions for engagement of casual workers enunciated in this Department's OM No. 49014/2/86 Estt.(C) dated 7th June, 1988 as amplified from time to time, inter-alia provided that casual workers and persons on daily wages should not be recruited for work of regular nature. They could be engaged only for work of casual or seasonal or intermittent nature, or for work which is not of full time

nature for which regular post can not be created. Attention is also invited to this Department's OM No. 28036/1/2001- Estt. (D) dated 23rd July, 2001 wherein it was provided that no appointment shall be made on ad-hoc basis by direct recruitment from open market.

A Constitution bench of the Supreme Court in civil appeal No. 3595-3612/1999 etc. in the case of Secretary State of Karnataka and Ors. Vs Uma Devi and others has reiterated that any public appointment has to be in terms of the Constitutional scheme. However, the Supreme Court in para 44 of the aforesaid judgement dated 10.4.2006 has directed that the union of India, the state Governments and their instrumentalities should take steps to regularize as a one time measure the services of such irregularly appointed, who are duly qualified persons in terms of the statutory recruitment rules for the post and who have worked for ten years or more in duly sanctioned posts but not under cover of orders of courts or tribunals. The Apex Court has clarified that if such appointment itself is in infraction of the rules or if it is in violation of the provisions of the Constitution, illegality cannot be regularized.

Accordingly the copy of the above judgement is forwarded to all Ministries/Departments for implementation of the aforesaid direction of the Supreme Court.

Sd./-

(C.A.Subramanian)

Director."

It is true that the Income Tax Department has also framed a scheme of regulariztion, which is also on record and the fact remains that the petitioner was not fulfilling the terms and conditions for regularization as at the relevant point of time she has not put in 10 years of service as required under the executive instructions issued by the

Department of Personnel and Training, dated 11.12.2006 and the policy framed by the department thereafter.

Another important aspect of the case is that after the year 2005, the petitioner has not worked as an employee of the department serving as a daily wager. On the contrary, she has been an employee of a contractor, who is supplying manpower of his choice to the department. Hence, she is an employee of the contractor and this Court, while deciding an identical matter i.e., W.P.No.3270/2020 filed by the Union of India in the case of an identically placed employee, which was also arising out of the similar judgment dated 4.6.2019, has held that the Tribunal has erred in law and in facts in directing the Union of India to continue the employee therein. There cannot be a direction to the contractor to supply the same employee again and again, who has worked with the department earlier.

10.

In the considered opinion of this Court, as the case of the petitioner was not covered under the policy issued by the department at the relevant point of time and by the judgment delivered in the case of Uma Devi (supra), this Court does not find any reason to interfere with the

order passed by the Tribunal in the light of the fact that from 2005 onwards the department has not engaged any casual Labour and the casual labourers are being supplied by the contractor, for which NITs are issued from time to time.

11.

Resultantly, this Court does not find any reason to interfere with the order passed by the Tribunal. Hence, admission is declined.

12.

In the light of the order passed in W.P.No.41752/2019, admission is declined in the connected writ petitions also. Pending IAs, if any, stand disposed of. No order as to costs.

SD/- JUDGE

BASAVARAJU R T vs. THE UNION OF INDIA