Employees' rights to regularization cannot be negatively impacted by retrospective application of conditions imposed after their regularization.

JUDGMENT

[WP(C) Nos.28461/2018, 2263/2019, 14430/2019, 14439/2019, 13142/2018, 15921/2018, 16113/2018, 16405/2018, 17493/2018, 17940/2018, 18674/2018, 18775/2018, 18888/2018, 20435/2018, 20507/2018, 20508/2018, 20600/2018, 20808/2018, 23309/2018, 24974/2018, 26001/2018, 22941/2019, 27756/2018, 29337/2018, 29922/2018, 31146/2018, 31141/2018, 31132/2018, 32037/2018, 34912/2018, 37103/2018, 38643/2018]

The petitioners in these cases are or were working as drivers, conductors and mechanics in the Kerala State Road Transport Corporation (KSRTC) on temporary basis. They say that, in the year 2008, a bipartite Pay Revision agreement was entered into by the KSRTC and the Trade Unions of employees, wherein, a proposal was formulated to regularise provisional empaneled employees who had put in eight years of service, along with 120 days of duty per year.

2. The petitioners say that the Government initially approved this bipartite agreement, but that when it issued an order dated 22.12.2011 – a copy of which is on record as Ext.P2 in W.P.(C) No.16113/2018 – it modified the conditions for regularisation as being ten years of service, but without any stipulation of number of days of duty every year. They say that the KSRTC, nevertheless, issued an order dated 11.04.2012, imposing certain other conditions, including the requirement of 120 days of duty a year; and that this was challenged by some persons through W.P.(C) No.8301/2013 & connected cases, which led to the judgment of this Court reported as Suresh Kumar v. State of Kerala [ 2013 (2) KLT 258 ], wherein, it was declared that the KSRTC cannot impose any additional conditions than what has been stipulated by the Government in their order dated 22.12.2011.

3. The petitioners submit that even though the KSRTC challenged the afore judgment in Writ Appeal No.803/2013, they did not pursue it and withdrew it; but approached the Government for a clarification, which led to its order dated 21.11.2013, whereby, the condition of 120 days of duty per year in addition to the ten years of regular service as on 21.12.2011 was incorporated.

4. The petitioners say that, in the meanwhile, based on Suresh Kumar (supra), they were all regularised in the services of the KSRTC on the strength of individual judgments they obtained; and assert that such judgments are still in force and had not been appealed against by the KSRTC. They say that, however, the KSRTC then filed a review petition against Suresh Kumar (supra), which was dismissed; against which, W.A.No.354/2014 was filed, which also ended in dismissal.

5. The petitioners then explain that the KSRTC took up the matter to the Hon'ble Supreme Court in Civil Appeal No. 4435–4438/2017 , which culminated in an order dated 24.03.2017 – a copy of which is on record as Ext.P17 in W.P. (C) No.16113/2018 - which approved the stand of the Government and the KSRTC in imposing an additional condition; but argue that this could not have been made applicable to them, since they were regularised prior to the said order and also because, as stated above, their judgments obtained against the KSRTC still remain in force.

6. The petitioners, however, allege that in spite of this, the KSRTC brought out its order dated 02.05.2018 – produced as Ext.P20 along with W.P.(C) No.16113/2018 - terminating their services, without giving them an opportunity of being heard and without even explaining why such a drastic step had been taken.

7. The petitioners thus pray that the said order of the KSRTC be set aside and their regularisation earlier granted be declared to be still in effect; thus, they being entitled to all service and pensionary benefits, as the case may be.

8. I have heard the various counsel appearing for the petitioners in these cases; Sri.Deepu Thankan - learned standing counsel for the KSRTC and Sri.Joshy Thannickamattom - learned Government Pleader appearing for the official respondents.

9. Sri.B.S.Swathikumar, Sri.K.P.Rajeevan, Sri.N.Unnikrishnan, Smt.Parvathy Meno