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2024 Supreme(Kar) 426

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
H.T. NARENDRA PRASAD, K.V. ARAVIND, JJ.
The Karnataka Power Transmission Corporation Limited & Ors. - Appellants
Versus
Sri Andanswamy, S/o. Siddalingayya - Respondent
Writ Appeal No.200147 of 2022 (S-REG) C/W Writ Appeal No.200006 of 2019 (S-REG), Writ Appeal No.200072 of 2022 (S-REG), Writ Appeal No.200074 of 2022 (S-REG), Writ Appeal No.200090 of 2022 (S-REG), Writ Appeal No.200091 of 2022 (S-REG), Writ Appeal No.200112 of 2022 (S-REG), Writ Appeal No.200144 of 2022 (S-RES), Writ Appeal No.200156 of 2022 (S-REG), Writ Appeal No.200160 of 2022 (S-REG), Writ Appeal No.200179 of 2022 (S-REG)
Decided On : 25-06-2024

Advocates Appeared:
For the Appellant : Sri S.S. Naganand, Senior Counsel for Sri Sudarshan M., Sri P. Vilaskumar, Senior Counsel for Sri Nitesh Padiyal.
For the Respondent: Sri P. Vilaskumar, Senior Counsel for Sri Nitesh Padiyal, Sri Ravindra Reddy,

The court emphasizes that regularization of temporary employees must adhere to principles of equality and fairness, ensuring parity in treatment for similarly situated employees.

Headnote:(A) Karnataka High Court Act, 1961 - Section 4 - Regularization of service - Petitioners appointed on ad hoc basis claimed permanent status arguing their qualifications and service duration - A learned Single Judge directed regularization after a lapse of approximately 10 years, applying the rule of parity with similarly situated employees - The appeals considered issues of whether initial appointments were regular or ad hoc, the claim for regularization, and procedural adherence. (Paras 5, 20, 43)

(B) Employment Law - Plaintiffs challenged terminations or non-regularizations as unfair labor practices, emphasizing continuity and due process in selection - The necessity of uniform treatment in regularization for similarly situated individuals was asserted, noting previous court directions. (Paras 21, 27, 30)

(C) Procedural Fairness - The importance of timely addressing regularization claims was highlighted, with the court emphasizing the failure of respondents to act in good faith regarding regularization, leading to the petitioners’ delay in approaching the court being attributed to the Corporation's inaction rather than negligence. (Paras 32, 44)

Facts of the case:
Employees appointed on a temporary basis between 1998-2000 argued for parity and regularization after being reportedly promised regularization, facing disparity in treatment compared to others who were regularized.

Findings of Court:
Court granted a partial allowance to the appeals, emphasizing the need to revisit the issue of regularization, directing reevaluation from the point the employees completed 10 years of service, with an emphasis on fairness and continuity in service.

Issues: The key issues addressed included the regularization of service for petitioners appointed temporarily and whether the approach by the Corporation constituted an arbitrary denial of rights.

Ratio Decidendi: Acknowledged that regularization must be based on due selection processes and parity with similarly situated employees, affirming the court's previous judgments disregarding arbitrary employment practices. The expectation of regularization arising from years of service was stressed, underscoring the principles of equality under Article 14.

Result: Appeals allowed in part, directing reconsideration of regularization requests by the Corporation. The Corporation must complete the regularization process within three months from notification.

Table of Content
1. facts of appointment and regularization. (Para 5)
2. arguments on temporary versus permanent employment. (Para 6 , 7)
3. arguments for and against regularization based on employee status. (Para 9)
4. court's observations on petitioners' service continuity. (Para 10 , 11 , 12 , 13)
5. regularization issues under article 226. (Para 14 , 15 , 16 , 17 , 18)
6. discrimination and expectation of regularization. (Para 19 , 20 , 21 , 22 , 23)
7. legal principles of regularization. (Para 24 , 25 , 26)
8. equality and entitlement to benefits. (Para 27 , 28 , 29 , 30)
9. previous case precedents and their relevance. (Para 31 , 32 , 33 , 34)
10. temporarily appointed employees and regularization context. (Para 35 , 36 , 37 , 38)
11. relevance of contractual employment in regularization. (Para 39 , 40 , 41 , 42)
12. legitimate expectation and exploitation in employment. (Para 43)
13. court's order on appeals and regularization. (Para 44 , 45)

JUDGMENT :

K.V. Aravind, J.

These appeals under Section 4 of the Karnataka High Court Act, 1961, against the order passed by learned single Judge in the respective writ petitions.

2. The Karnataka Power Transmission Corporation Limited and other Electricity Supply Companies have preferred Writ Appeal Nos.200072/2022, 200074/2022, 200090/2022, 200091/2022, 200112/2022, 2000144/2022 against the order in W.P.No.201565/2018 and connected matters, dated 30.11.2021; Writ Appeal Nos.200147/2022, 200160/2022 against the order in W.P.No.200099/2018 c/w 205105/2018, dated 27.06.2022; Writ Appeal No.200156/2022 against the order in W.P.No.202822/2019, dated 21.06.2022; and Writ Appeal No.200179/2022 against the order in W.P.No.204622/2018, dated 06.12.2021.

The employees have preferred Writ Appeal No.200006/2019 against the order in W.P.Nos.200763/2016 and 200848-857/2016, dated 13.03.2018.

3. The parties are referred as per their ranks in their respective writ petitions for convenience.

4. The issues involved in all the appeals are similar and hence, they are heard together and disposed of by this common judgment.

Brief facts:

5. The petitioners claim that they were appointed on ad hoc, contract or temporary basis against the permanent vacancies and as per the roster. The petitioners were appointed as Ledger Maintenance / Junior Assistance, Meter reading workers and Helpers from 1998-2000. The petitioners contended that their contract was extended till 2008. It is the case of the petitioners that they were appointed after an interview and considering the roster, age, marks scored in the qualifying examinations and performance in the interview, the work entrusted to the petitioners was permanent. While the petitioners were in service, respondents were informed that their services would be regularized in due course and placed on par with permanent employees with all applicable benefits. The respondents on selective basis confirmed permanent status to the other temporary or ad hoc employees. In view of the disparity, petitioners requested the respondents to regularize their services on par with others. Due to inaction of the respondents, few of the petitioners approached this Court in W.P.Nos.85580-596/2012 wherein, the respondents were directed to consider the request of the petitioners. The directions in WP.Nos.85580-596/2012 resulted in endorsement dated 04.07.2015 refusing to regularize their services.

5.1 The writ petitions by the petitioners challenging the said endorsement dated 04.07.2015.

5.2 The learned Single Judge by holding that similarly situated employees who were appointed on ad hoc or temporary basis have been regularized, applying the rule of parity, directed the respondents to regularize the petitioners from the date when completed 10 years of service and to provide continuity of service and consequential benefits. However, denied back wages.

5.3 We have heard Sri. S.S. Naganand, learned Senior counsel appearing for Sri. Sudharshan M., learned counsel for the appellants-Corporation. Sri. P. Vilas Kum

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