A AZIZ Vs. MANAGING DIRECTOR KSRTC

JUDGEMENT

(1.) These petitions are disposed of by a common order since a common question arises for consideration in all these petitions.

(2.) The petitioners are all ex-badli conductors of the 1st respondent/Corporation. Their services were dispensed with by the Corporation on the ground that they were found not suitable for the posts of conductors. Such termination ex-facie was clearly violative of Section 25-F of the Industrial Disputes Act, 1947 (in short the Act). However, the Corporation in the year 1978 under a Settlement (also known as truce agreement) within the meaning of Section 2(p) of the Act agreed that these badli and part-time employees who had put in 180 days of 'uninterrupted continuous service' and who were in the badli list or in any temporary appointment on the date of signing of the truce, would be absorbed in service subject to the availability of permanent posts. The relevant term in the settlement reads as under :

(3.) Badli and part-time employees. I(a) All the badli and local candidates who have put 180 days of uninterrupted continuous service and who are in the badli list or in temporary appointment on the date of signing of this truce agreement will be absorbed in service subject to the availability of the permanent posts. Note : The meaning of 'continuous service' shall be as defined in Section 25(B) of the Industrial Disputes Act of 1947.