High Court Karnataka High Court

Matha Technologies vs Zilla Panchayat on 26 February, 2010

Karnataka High Court
Matha Technologies vs Zilla Panchayat on 26 February, 2010
Author: Subhash B.Adi
 An'n.e:{'urei-.D.  

 

WP N0.61062 of 2009

2. District Health 81; Family Welfare
Officer (DHO), Office of District Health
and Family Welfare Department,

Koppal. . i it . 

(By Sri. K.B.Adhyapal<:, AGA for R2)»  
(R1 --- served) '

This writ petition is fi1ed~.u"nder Ar.ticles_"'_22'5 at 227 of'
the Constitution of India praying "to quiash the
order/ intimation dated ..O4.02{2'0Q'3 "'i.ssued""'by the 2115
respondent at Annexure--'D;"an:_i eftc. "   .

This writ petitionv.icerrfing’-on iii hearing
in ‘B’ Group this. day; the Court made thef following:

iiii ‘V i

Petitioner has the Validity of the intimation

dated 0A4i_,02.2iO’O9i issued the 2nd respondent produced at

“.i2″.VCasiefiofiithe petitioner is that, in terms of the

Qovernrneriit Order for providing contract labourers to the

under the Department of Health and Family

ii”-..__Wielflare, petitioner entered into a contract under an

_i’égreement dated 31st May 2007 for a period of 2% years to

era’.

_. AnneXu’re–D.

WP No.61062 of 2009

provide contract labourers to various health institutions in
Koppal District. However, the 15* respondent inforrned the
petitioner by Annexure–D that, the service of the”‘Veont’ract
labourers cannot be continued for want of
it is at this juncture, the
petition inter alia stating that the
a contract to supply labourersdforg a iperiodgof has
made arrangement by spending”r1i.o:1iey’and itiIne.*i§\Iow, after
having entered into having made
arrangement various health

institutions,befor+:*e§<piry_:ofthe contract, abruptly, without

any justificatiovn ooirxrriltgnication is issued as per

by order dated 13.02.2009, on the basis

of the*—rneifino undertaking filed by the learned advocate for

xpetitionier that he will not claim one month salary and

salary of the employees will be paid by the

':i_4petitioner and that he will not claim any equity, granted the

y…-\..

WP No.61D62 of 2009

petitioner and the Department of Health and Family Welfare,
Koppal District. No doubt, the contract also stipu_1ates.,_the

condition that any dispute arising in terms of

subject to jurisdiction of the Koppalmcourtj-“li”‘t~he.peti’tioner”.

has supplied the labourers and Diistricti~
utilised the services, the claim’
to be considered in accordance,,v.iiltlr’i–.lai2s(.subj toilany other
requirements. if the representation of
his claim, it is respondents to

consider the eerie lofthle’-pje.ti’tiQnlerl._an.d if he is found eligible

the same may; be.’vVCori.sidered__ as early as possible not later

than ti’1reelirnonths..ifirer1:, of receipt of copy of this

order. p ; l ”

i V above observations, writ petition stands

‘ dispeeed