RAJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have sought for a writ in the nature of mandamus to consider their claim under the Karnataka Daily Wage Employees Welfare Act, 2012 (Annexure-D) and to direct the respondents to pay monthly payment of Rs.1,000.00 from 2009 and Rs.2,000.00 from 2012 as per the Government Orders dtd. 11/6/2009 and 31/7/2012 vide Annexure - B and C passed by the 3rd respondent-Department of Personnel and Administrative Reforms (DPAR).

(2.) The petitioners contend that they are all daily wage employees working on casual basis in the Department of Forest in various ranges. All of them have completed ten years of service as on 10/4/2006. They all contend that the State Government had decided to engage labourers through private contractors, even though there is a prohibition in law that such labourers should not be exploited either by the department or by the contractors. They contend that the respondents have allowed exploitation of labour by enrolling the petitioners and not giving them the pay equivalent to that of a regular employee. They contend that the State Government by order dtd. 11/6/2009 and 31/7/2012 had enhanced the daily wages by Rs.1,000.00 and Rs.2,000.00 but the respondents have not granted the same in so far as the petitioners are concerned.

(3.) They also contend that they are discriminated vis a vis other employees who were similarly placed and they are not granted the benefits that are given to other labourers under the Karnataka Daily Wage Employees Welfare Act, 2012. They also contend that they have made several representations before respondent No.2 to extend the benefits under the Karnataka Daily Wage Employees Welfare Act, 2012 and for not enhancing the wage as per the orders of the State Government. However, the respondents have neither considered their requests nor enhanced the daily wages payable as per the orders of the State Government. Hence, the petitioners are before this Court seeking for directions to the respondents to grant the benefits under Karnataka Daily Wage Employees Welfare Act, 2012 and also to direct the respondents to pay monthly payment of Rs.1,000.00 from the year 2009 and Rs.2,000.00 from the year 2012 as per the Government Order dtd. 11/6/2009 and 31/7/2012.