JUDGMENT

Government Order dated 19.02.2021 Ext.P3 and the notification dated 24.01.2022 Ext.P5 have been challenged on behalf of the Kerala Sate Road Transport Corporation Workers Federation, a registered Trade Union vide registration No.283/71 formed by the workmen consisting of conductors, drivers, mechanical, ministerial and others, represented by its president aged 58 years. Kerala State Road Transport Corporation is engaged in conducting regular bus schedule for the general public in the state of Kerala. It has 5526 schedules, 33146 employees and 5662 buses. Due to the special nature of work in the respondent Corporation working hours of an employee particularly driver and conductor is eight hours which includes seven hours of steering duty. For running the bus service Corporation had to also engage workman and had appointed 3941 conductors, 1565 drivers, 2122 mechanical workers and 600 ministerial workers as empanelled employees for the smooth operation of the schedules. The workmen are being employed from the employment exchange and have to be relieved within a period of 180 days. But the 3rd respondent did not relieve the said workers after the statutory period and were continuously employed. Considering the said situation, Government of Kerala vide order dated 22.12.2001 regularised total number of 2474 empanelled workmen, who had continuously been working for more than 10 years. In the year 2016, Kerala Public Service Commission invited applications for 2455 posts and few persons in the select list approached this Court. Vide judgment dated 30.04.2015 in W.P.(C).No.25879/2014, this court, allowed the same and directed the Corporation to terminate the service of empanelled employees and report to fill the vacancies also from the PSC rank list, which was without impleading or hearing the affected empanelled workers or the Trade Unions.

2. The Division Bench of this Court vide judgment dated 08.04.2019 in W.A.No.1011/2019 and connected cases held that the workmen can redress their grievance by approaching the concerned statutory forums. KSRTC constituted a company ie., Kerala State Road Transport Corporation-SWIFT – 5th respondent with the objective of plying the long distance bus routes of the KSRTC with two objectives:

(1) To avail loans for and on behalf of the KSRTC from financial institutions.

(2) To avoid the reinstatement and regularization of the legally entitled empanelled workmen back into the 3rd respondent establishment.

3. The Chairman of the Managing Director of KSRTC Submitted a proposal for restructuring of the Corporation, which was placed before the High Power Committee under the Chairmanship of the Chief Minister. The said High Power Committee entrusted a committee under the Chairmanship of Additional Chief Secretary (Finance Department) for detailed scrutiny of the proposal, which were approved. One of the major projects among these proposal was formation of new independent company ie., the 5th respondent for operation of the routes of new buses. After deliberation Government vide decision dated 19.02.2021, carved out the following features to achieve the objectives:

(i) The Chairman & Managing Director, KSRTC shall be the ex-officio Chairman & Managing Director of the new company.

(ii) KSRTC-SWIFT will be an independent Government company legally separated from KSRTC.

(iii) The functioning of the KSRTC-SWIFT will be dependent on KSRTC for various supports. KSRTC-SWIFT will pay user charges to KSRTC for using its infrastructure and utilizing other services of KSRTC. The infrastructure includes bus, bus route, bus depots, etc. The services include repair and maintenance of buses, services provided by the staff at the depot, etc. The new company will enter into an agreement with the KSRTC for not only availing these benefits but also obtaining other rights and previlages of KSRTC as an STU.

(iv) The new organization is to be incorporated for a limited period of 10 years. (Empanelled employees who were termina