STATE OF KARNATAKA Vs. MAYANNA GOWDA M

JUDGEMENT

(1.) The present writ petition is filed by the State challenging the order dtd. 29/6/2020 passed in Application Nos.205-224 and 324-343/2017 passed by the Karnataka State Administrative Tribunal (for short referred to as 'the Tribunal'), whereunder, the Tribunal allowed the applications filed by the respondents.

(2.) The relevant facts necessary for consideration of present petition are that, the respondents who are the applicants before the Tribunal are working as Hamalies in the Department of Commercial Tax, Government of Karnataka, since 1984-1987 for more than three decades without any interruption. On a threat of the termination, they approached the Tribunal in Application Nos.911- 928/2003 and by order dtd. 26/7/2005, the Tribunal directed the State authorities to await the decision of the Hon'ble Supreme Court regarding regularization and to maintain the status-quo till then. Though, even after the decision of the Hon'ble Supreme Court in the case of Secretary, State of Karnataka and others, Vs. Umadevi (3) and others,(2006) 4 SCC. they have been continued in service. It is the case of the respondents before the Tribunal that, since minimum wage was not granted to the respondents despite submitting various representations, they filed Application No.4462/2007 and Application Nos.7500- 7536/2011 before the Tribunal seeking minimum pay of the pay scales attached to the Group-D post and regularize their service. The said applications came to be dismissed by the Tribunal vide order dtd. 24/2/2012. Being aggrieved by the same, W.P.No.7222-7241/2002 was filed and this Court by order dtd. 25/9/2003, dismissed the writ petition observing that it is open for the applicants to approach the authorities under the Minimum Wages Act .

(3.) It is the case of the respondents before the Tribunal that the State Government addressed a communication dtd. 2/7/2014, to the Commissioner of Commercial Taxes that Hamalies have been appointed as temporary employees, it is not possible to regularize their services and hence fixed their pay at the rate prescribed under the Minimum Wages Act . Vide communication dtd. 15/11/2014, the Commissioner for Commercial Tax directed the Additional Joint Commissioners not to engage the services of Applicants/Hamalies for more than four hours in a day and that despite issuance of the said circular, the respondents were made to work for more than 8 hours a day and sometimes, 10 to 12 hours and in addition they were required to travel to far away check posts. In reply to the communication, the Additional Commissioner for Commercial Taxes (Enforcement) South Zone, Bengaluru and the Joint Commissioner of Commercial Taxes (Vigilance) Bengaluru, sent replies dtd. 12/12/2014 and 30/12/2014, stating that, the nature of work that has been carried out by the Hamalies takes 8 hours or more per day and the restriction of the work for 4 hours may be relaxed.