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2022 Supreme(Ker) 1030

AMIT RAWAL
KSRTC-Swift Limited – Appellant
Versus
Industrial Tribunal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADV S.KRISHNA
For the Respondent: LIJU.V.STEPHEN, INDU SUSAN JACOB, SRI DEEPU THANKAN SC KSEB

JUDGMENT :

This order of mine shall dispose of two writ petitions; W.P.(C ) No.25878 of 2022 by the KSRTC – SWIFT LTD. and W.P.(C) No.26484 of 2022 by KSRTC challenging the order allowing the application of the Union in an Industrial Dispute No.3 of 2020.

2. Kerala State Road Transport Workers Federation through its President filed a petition under Section 10 of the Industrial Disputes Act on the ground that it was a registered trade union which consisted of conductors, drivers, mechanical, ministerial and other employees and Kerala State Road Transport Corporation on September 2019 had 5526 schedules, 33146 employees and 5662 buses. As per the statutory and other Rules and Regulations KSRTC was not able to get the service of the permanent employees for 365 days. Due to the special nature of work in the Corporation the working hours of an employee ie., driver and conductor was eight hours which included 7 hours of steering duty. It had 3941 conductors, 1565 drivers, 2122 Mechanical Workers and 600 ministerial workers. In the year 2012, respondent Corporation had entered into an agreement with the Trade Union agreeing to regularize the empanelled workers with 8 years of experience. Bu

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