DASAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) prior to 1965, the petitioners were the work charged employees otherwise known as daily-wage workers on the rolls maintained by the public works and electricity department. In the months of August and september, 1965, they were regularly appointed as mechanics, class ii by the chief engineer, electricity, h.e.c.p. h.e.c.p. is the abbreviation for hydro electric construction project in the public works and electricity department of the government of Karnataka established for the purpose of construction of hydro electric projects and supply of power. The sharavathy val ley hydro electric project, the bliadra hydro electric project and other works remaining over relating to the said projects besides the works connected with the in stallation of 8th, 9th and 10th units of sharavathy generating station were trans ferred to the Karnataka power corporation limited ('the corporation' for short) subsequently. The incorporation of the corporation and transfer of the projects resulted in the disbandment of h.e.c.p. with the need to protect the interests of its personnel and the need was met by deputation of the employees to the corporation with the exception of those who arc engaged in the operation and maintenance of both the projects aforesaid.

(2.) on 14-11-1975, the government accorded sanction to the transfer of the ex-h.e.c.p.personnel mentioned in the list appended to the writ petition to the corpora tion in tended to be absorbed by it. The order so passed superseded by another order dated 17-6-1982 bearing No. Pwd 211 ppc 81 reads as follows:

(3.) whereas the petitioners arc stated to be regularly appointed with effect from 1-4-1971, respondents-3 to 7 who were earlier on the rolls working as daily-wage workers arc stated to have been regularly appointed with effect from 1-4-1974. The designation of rcspondents-3 to 7 is operatives. The petitioners are also known as operatives absorbed in the corporation. Between the stage when the h.e.c.p. was disbanded and the stage before the petitioners were absorbed in the corporation, was the transitory period during which the petitioners came in the administrative control of the k.e.b. because units 1 to 8 of the sharavathy generator station having been completed were entrusted to the board for operation and maintenance. During this period, the petitioners who were working in these units were transferred to k.e.b. but units 9 and 10 had not been completed and, therefore, these units were transferred to the corporation directly and respondents-3 to 7 were working in units 9 and 10 which were within the corporation on transfer of these units to it by the government.