LAWS(KAR)-2020-10-256

MURUGA Vs. STATE OF KARNATAKA

Decided On October 21, 2020
Muruga Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The writ petitioners in these batch of writ petitions are seeking a direction to the respondent- Authorities to regularize their services for having worked on a temporary basis continuously till date for nearly 30 years without the aid of any interim orders passed by any Court of law or Tribunal.

(2.) It is contended that the petitioners were taken on service with respect to available vacant posts. It is therefore contended that the petitioners were entitled for regularization in terms of the directions issued by the Hon ble Apex Court in paragraph-53 in case of Secretary, State of Karnataka And Others Vs. Uma Devi (3) and Others,2006 ILR(Kar) 2607.

(3.) Learned Counsel for the petitioners submits that some of the employees of the respondent- Corporation had approached this Court in W.P.No.22957-22978/1989 seeking for continuation of their service and regularization based on a Government order dated 29.11.1989. Having regard to the decision of the Apex Court in the case of The Dharwad District P.W.D. Literate Daily Wages Employees Association and Others Vs. State of Karnataka and Others, this Court disposed of W.P.Nos.22957-22978/1989 by order dated 16.03.1990 directing the respondents to examine the case of each one of the petitioners either for their continuation or what further relief should be given by way of regularisation or emoluments or any other work condition as directed in the aforesaid order of the Hon ble Supreme Court. Consequent thereto, the respondent-Corporation issued an order dated 24.11.1995 based on the resolution of Mysore City Council to consider 217 daily wage workers for basic minimum salary and also decided to take action for regularization of their services. Learned Counsel points out from Annexure 1 which is annexed to the order dated 24.11.1995, to submit that the names of the petitioners find place in the said list of 217 daily wage workers.