Pension – Counting of Past Service – Petitioners sought direction for pension consideration by counting their services rendered as daily wagers from their initial appointments. The Court held that the past service of daily wagers must be counted for pension benefits, not just from the date of regularization. Petitioners entitled to pensionary benefits considering services prior to regularization [Paras 1-11].

Judicial Precedents – Pension Rights – Various judgments, including Supreme Court rulings, emphasized that pension is a right and not a bounty. Past services of daily wage employees must be considered for pension if they were regularized later [Paras 9(i)-(xii)].

Decision – Writ Petitions Allowed – Court directed respondents to count the past services of petitioners for pensionary benefits. The exercise to be completed within twelve weeks. No arrears of salary but past service counted only for pension [Para 10-12].

Civil Procedure – Rejection of Plaint – Petitioner challenged the dismissal of her application under Order VII Rule 11 CPC for rejection of the plaint filed by her mother, Smt. Saraswathamma – The suit sought cancellation of gift and partition deeds and declarations against sale deeds executed in 2002, 2004, 2005, and 2010 – Trial Court rejected the application on the ground that the issues could only be adjudicated after a full-fledged trial [Paras 1-16].

Limitation – Barred by Time – The suit was filed in 2019, 15 years after the gift deed and more than a decade after the other deeds – Saraswathamma did not plead fraud or undue influence in the execution of the gift deed – Court found the suit was clearly barred by limitation as it was filed well beyond the three-year period allowed for challenging such deeds [Paras 9-14].

Recurring Cause of Action – Trial Court’s reasoning of recurring cause of action due to partition was found untenable – Saraswathamma did not seek partition but only declarations regarding the deeds – Court held that the concept of recurring cause of action did not apply [Paras 16-17].

Decision – Application under Order VII Rule 11 CPC allowed – Plaint filed by Saraswathamma stands rejected – Civil Revision Petition allowed [Paras 18-19].
 

Criminal Law – Bail Application under Section 439 Cr.P.C. – Petitioner (accused No. 3) sought bail in a case involving allegations under the Dowry Prohibition Act and IPC, including dowry harassment, assault, and abetment of sexual assault by the father-in-law (accused No. 2) – Petitioner argued false implication, delay in filing FIR, and absence of injuries as reasons for bail [Paras 1-4].

Delay in Lodging FIR and Investigation Status – Incident occurred on 4th February and 9th March 2024, but FIR lodged on 15th March 2024 – Court noted no materials produced by prosecution to support allegations against petitioner – Petitioner, a 51-year-old woman, had been in judicial custody since 16th March 2024 [Paras 3, 6].

Conditions for Bail – Petitioner granted bail with conditions to ensure attendance in court, prevent tampering with evidence, and ensure no commission of similar offences – Bail granted on bond of Rs. 2,00,000 with two sureties of the same amount [Paras 5-7].

Decision – Petition allowed – Petitioner enlarged on bail with conditions to safeguard against potential flight risk or interference with prosecution witnesses – Directions given to Trial Court for verification of sureties and addresses before accepting the bail bond [Paras 7-7].

Labour Law – Regularization of Service – Petitioners, employed as binders and printers on a piece-rate basis, sought regularization after working for over 22 years – Government rejected their claim citing lack of direct employment records – Petitioners contended employment was continuous despite being through contractors to circumvent direct employment evidence [Paras 1-7].

Evidence of Continuous Employment – Petitioners provided salary and attendance records, inspection reports, and affidavits indicating continuous employment from 2000 to 2023, albeit through different contractors – Government acknowledged petitioners' service but cited a lack of continuous employment between 2011 and 2015 [Paras 8-19].

Supreme Court and High Court Precedents – Petitioners relied on judgments in Nagendra S.G. and Sheo Narain Nagar cases to assert their right to regularization – Court considered the principle of granting monetary compensation in lieu of reinstatement from Ranbir Singh case due to the closure of the printing press [Paras 20-33].

Decision – Writ Petition disposed of – Petitioners entitled to monetary compensation of Rs. 25,000 per year of service from 2000 to 2010 and Rs. 50,000 per year from 2016 to 2023 – Compensation to be paid within two months in lieu of reinstatement and regularization, serving as full settlement of all claims [Paras 34-38].
 

Election Law – Disqualification of Candidate – Petitioner challenged the election of respondent No. 1 to Biruvalli Gram Panchayat on grounds of disqualification under Section 12(h) of the Act, claiming respondent had a share or interest in work done by the Panchayat – Election Tribunal rejected the petition, leading to this writ petition [Paras 1-2].

Interpretation of Statutory Provisions – Section 12(h) of the Karnataka Gram Swaraj and Panchayat Raj Act – Tribunal found no disqualification as respondent No. 1 had no subsisting contract with the Panchayat at the time of election notification – Clarification by Karnataka State Election Commission emphasized disqualification applies only with an existing contract [Paras 3, 8].

Conflict of Interest – Purpose of Disqualification – Court noted the purpose of Section 12(h) is to prevent conflict of interest – Applied purposive interpretation to hold disqualification applies only where there is a subsisting contract, avoiding an unreasonable and absurd consequence of disqualifying any member with past contracts [Paras 18-33].

Decision – Writ Petition dismissed – Tribunal’s interpretation upheld that only a subsisting contract can disqualify a candidate under Section 12(h) of the Act – No interference warranted with the Tribunal’s findings [Paras 34-39].

Service Law – Back Wages – Reinstatement Following Illegal Termination – Petitioner, a Lecturer, was terminated illegally and reinstated after 10 years without back wages – Held, reinstatement does not automatically entitle one to back wages; requires proving non-gainful employment during the period – Fault lies with the employer (governing body) for non-compliance – Order to regularize service and disburse consequential financial benefits [Paras 6-13].

Grant of Back Wages – No Work No Pay Principle – Supreme Court precedents cited indicating exceptions to the principle when the fault lies with the employer – Petitioner diligently pursued reinstatement, indicating lack of gainful employment – Employer’s inaction deemed unlawful, warranting full back wages [Paras 10-12].

Regularization of Service – Government and Governing Body’s Responsibility – State authorities directed to ensure compliance with the Director’s order for reinstatement and regularization – State’s plea of helplessness rejected; model employer obligation emphasized [Paras 13-14].

Decision: Writ Petition Allowed – Orders for regularization of petitioner’s service from 23.09.1995 to 09.01.2006 with all consequential financial benefits – Compliance required within two months [Para 15].
 

Public Law Compensation – Electrocution Incident – Breach of Public Duty – Petitioners sought Rs. 25 lakhs compensation for the death of their 3-year-old son, who was electrocuted by a high voltage line abutting their house’s terrace. Respondent-authorities rejected the claim, attributing the incident to illegal construction by petitioners. The Court recognized the jurisdiction of writ courts to award compensation in public law for breach of fundamental rights under Article 21. Interim compensation of Rs. 5 lakhs was granted, allowing petitioners to seek further compensation in civil courts [Paras 1-16].

Negligence and Contributory Negligence – Despite allegations of illegal construction by petitioners, the Court highlighted the failure of the respondent authorities to take preventive measures against such constructions, contributing to the incident. Compensation granted was based on principles of strict liability and contributory negligence [Paras 11-12].

Legal Precedents – Court referenced multiple Supreme Court decisions affirming compensation under public law for constitutional breaches, emphasizing strict liability in cases of public duty failure, and distinguished between public law remedies and private law actions for damages [Paras 7-10].

Interim Relief and Civil Suit – Interim compensation of Rs. 5 lakhs to be disbursed within two months, with liberty to the petitioners to pursue additional compensation in civil court. The period of pending petition excluded from limitation for filing such suits [Paras 13-15].

Decision – Writ Petition Partly Allowed – Interim compensation awarded, case disposed of with liberties for further legal action [Paras 16].

Arbitration Tribunal Jurisdiction – Sub-Contractors – Whether a Sub-Contractor is a “Party” under Section 2(g) of the Bihar Public Work Contract Disputes Arbitration Tribunal Act, 2008 – Petitioners challenged the Tribunal's order rejecting their application on grounds of non-maintainability, claiming they are a party under the Act as Sub-Contractor/Executor [Paras 1-3]​​.

Interpretation of "Party" – Wider Meaning – The High Court held that the definition of "Party" under Section 2(g) of the Tribunal Act, 2008 includes Sub-Contractors/Executors – Cited Supreme Court precedents to substantiate the broader interpretation of "Party" including those who execute work on behalf of a contractor [Paras 11-16]​​.

Contract Execution and Acknowledgement – Conduct and "Sub Silentio" Acceptance – The court emphasized that the conduct of the respondents, including the acceptance of work done by the petitioner, establishes the petitioner's role as an Executor – Found the Tribunal's rejection of the petitioner's claim as arbitrary and illegal [Paras 20-28]​​.

Decision – Petition Allowed – Held – The impugned order of the Tribunal dated 11.08.2014 is set aside – Matter remanded back to the Tribunal to adjudicate and settle the dispute within four months – Confirmed that a Sub-Contractor who executes work on behalf of a contractor falls within the definition of "Party" under Section 2(g) of the Tribunal Act, 2008 [Paras 28-30]​​.

Commissions of Inquiry – Continuation and Cessation – The court addressed the procedural aspects concerning the cessation of a Commission of Inquiry under Section 7 of the Commissions of Inquiry Act, 1952. The court held that the mere expiration of the Commission’s term does not automatically imply cessation. A formal notification specifying the cessation of the Commission is mandatory [Paras 3.1-3.2].

Revival and Continuation of Inquiry – The court allowed for the possibility of the Government reviving the Commission of Inquiry, given the absence of a formal cessation notification. The court concluded that the Government retains the power to extend or continue the Commission’s mandate to fulfill its purpose, particularly when the inquiry report has been quashed on technical grounds [Paras 3.18-3.20].

Difference in Judicial Opinions – The case involved divergent opinions between two judges on whether the Commission could proceed from where it left off before its term ended. Justice Kshetarpal concluded that the Commission could continue its proceedings from the stage when the notice under Section 8B was required to be issued, aligning with the opinion that the Government could decide on its continuation [Paras 1.1-1.6].

Decision:

Writ petition partly allowed. The Government is at liberty to decide on the continuation of the Commission. The Commission may proceed from the stage of issuing notice under Section 8B of the Act.