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Judgment
The present writ appeal is directed an order dated 18th August, 2021 by the learned Single Judge in Writ Petition (Civil) No.17773 of 2021 directing that the Petitioners, i.e., Respondent Nos.1 to 11 herein should be regularized in view of the judgment of the Supreme Court in Secretary, State of Karnataka v. Umadevi (3), (2006) 4 SCC 1 and State of Karnataka v. M.L. Kesari. It is seen that the impugned order was passed on the very first day and only the Additional Government Advocate was heard. There is no indication that anyone appeared on behalf of the present Appellant.
Be that as it may considering that the Appellant cooperative Bank is a separate entity, it is essential that it should have been separately represented and should have been given an opportunity of filing a response particularly since is now contended that Respondent Nos.1 to 11 were in fact working for an outsourcing agency.
Without expressing any view of the merits of the matter on the short ground that there was no opportunity to the present Appellant to contest the petition on merits, the impugned order dated 18th August, 2021 of the learned Single Judge is hereby set aside and the Writ Petition (Civil) No.17773 of 2021 is revived before the Roster Bench of the learned Single Judge. The said writ petition is now be listed before the learned Single Judge for directions on 6th December, 2021. The present Appellant will file parawise reply to the writ petition on or before 22nd November, 2021 and the Respondent Nos.1 to 11 herein will file rejoinder thereto on or before 1st December, 2021. No further time will be granted to any of the parties for the above purpose.
The learned Single Judge then proceed with the writ petition on merits and endeavour to dispose it of within a period of three months thereafter.
The writ appeal is disposed of.
An urgent certified copy of this order be issued as per rules.
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