S PUSHPA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) W. P. Nos. 173 to 195 of 2004 connected with W. P. Nos. 656 to 663 of 2004: facts of these cases are as under: petitioners in these petitions state that they are serving the respondents-Bangalore Electricity Supply Company Limited ('bescom' for short), since 1998 as ledger clerks. According to them the respondents appointed them for proper administration of work and maintenance of records in the offices of the BESCOM in its four zones called, Bangalore West, North, South and Central. The nature of duties of the petitioners is to maintain ledgers, undertaking the work of maintaining record of demand, collection and balance etc. They are being paid a consolidated salary. The Deputy Controller of Accounts informed the fifth respondent that appointment of the persons on contract basis was approved. They were appointed by the then Karnataka Electricity board ('keb' for short), but however no orders were issued. The government passed an Act in the matter of functioning of KEB. Orders were issued in terms of Annexures-El to E3 protecting the service conditions of the employees. Consequent upon the Karnataka Electricity regulation Act, KEB ceased to exist and instead four companies namely, bescom, HESCOM, MESCOM and GESCOM came into existence. Petitioners were engaged to work for a period of six months. After the expiry of six months orders were issued for another period of six months. Wages on the last day of the first spell was not paid. This method was adopted to overcome the claim of continuity of service. Petitioners have filed a circular dated 6-9-1999 with regard to contract labour. Petitioners state that they made a request to absorb them in service. In the guise of deployment of excess staff in the light of computerisation policy, the fifth respondent by a notification dated 17-12-2003 directed the superintending Engineer to identify the excess staff in revenue sections and to dispense with the services of the Ledger Clerks with effect from 1-1-2004. According to petitioners these orders are contrary to the provisions of the Industrial Disputes Act and also contrary to Article 14 of the Constitution of India. The act of respondents is unfair and respondents are not to follow the policy of hire and fire. Petitioners are entitled for regularisation. Petitioners also say that protection is available to them in terms of Sections 12 and 15 of the Karnataka electricity Reform Act. With these allegations and averments petitioners are before me seeking for a writ of certiorari to quash the notification dated 17-12-2003 (Annexure-A) with a further prayer of continuation of petitioners in service and with an additional prayer to regularise all the petitioners in service on the facts of this case.

(2.) STATEMENT of objections has been filed by the respondents. They state that the petitioners' services were utilised for the purpose of maintaining the ledgers on specific terms and conditions. The engagement was for a fixed duration. There is no appointment made on regular basis. They have not been engaged into service in accordance with the Rules by way of advertisement to the post and by way of examination of eligibility. The services of the petitioners have been availed purely on ad hoc basis on contractual terms for a fixed period. It is further stated that the respondent-Company has gone in for computerisation for maintaining the ledger accounts and for other allied purposes. They justify their action. They say that a policy decision has been taken keeping in mind the interest of the company and that of the general public and in order to introduce efficiency adopting modern technic. Due to this the process of appointment persons to maintain the accounts has been stopped since long. The services of the petitioners were availed as a temporary measure keeping in mind the design to implement and introduce computerisation. The programme is now fully ready for immediate operation. Huge amount of money running to Rs. 10. 7 crores is already spent on computerisation. They say that the services of all the 453 ledger clerks who were engaged in maintenance of ledgers in revenue sections and other allied activities are being dispensed with consequent on computerisation and stoppage of ledger system operated manually. They deny the other allegations. Petitioners have filed additional documents supporting their affidavits on 23-1- 2004. W. P. Nos. 54417 to 54555 of 2003:

(3.) PETITIONERS in these petitions are similarly situated employees seeking for almost the same or similar prayers as in W. P. Nos. 173 to 195 connected with W. P. Nos. 656 to 663 of 2004. Objection statement has been filed as in the connected cases, A rejoinder is filed disputing the averments made in the objections statement. It is further stated in these petitions that representations have been made to the Chief minister, Managing Director, KPTCL, Managing Director, BESCOM and Minister for Power. It is further stated that the work in BESCOM is permanent in nature. Along with the rejoinder they have filed certain documents. A further affidavit is filed and in which it is stated that a news report is available with regard to employment: They have also filed documents with regard to the requirement of Junior Assistants and that of Data Entry Operators. A second additional affidavit was filed enclosing 'home Magazine' and also details with regard to conversion of gangmen into Probationary Mazdoors and their consequent absorption as Junior Lineman.