MANAGING DIRECTOR, KSRTC Vs. SIDDAPPA REVANAPPA HARIJAN

JUDGEMENT

(1.) The appellants - KSRTC have preferred this appeal against the order dated 24.4.2013 passed by the learned Single Judge of this Court in Writ Petition Nos.84311-84315/2010 and in Writ Petition Nos.80086-80089/2012 (L-KSRTC).

(2.) Before adverting to the grounds urged in the Memorandum of Appeal, it is just and necessary for us to have the brief factual matrix of the case:

(3.) It is the claim of the respondents herein and Others that the appellants with due authorization has made appointments of the respondents as Conductors since 1992 upto 1996 on temporary basis (on daily wage basis) for Jathra/fare purpose when the crowd was usually on the higher side. However, by projecting this as a reason, the appellants have kept large vacancies and extracted the regular work and even double the work of Conductors from the respondents and Others. All the conductors so appointed have been allowed to continue in employment, the services of Badli conductors have not been terminated that they were also engaged on temporary basis as that of the claim and subsequently, some of them were absorbed. Earlier, the conductors were selected to the unfilled quota in the Corporation. Most of the respondents have worked during the month of January, 1996 to July, 1996 continuously without brake, they were compelled to discharge all the regular duties and not only for Jathra duties, they have worked double the duties and even without weekly offs, holidays and national festivals and etc., But subsequently, the appellants have suddenly stopped the claimants from discharging their duties by telegraphic orders and they were stopped working from July, 1996. The appellants have again called for fresh list from the employment exchange for appointing conductors. The claimants, who have aggrieved, have filed Writ Petitions before the High Court of Karnataka, Bengaluru. However, the claimants felt that their rights are properly protected under the Industrial Disputes Act, they have withdrawn the Writ Petitions by filing an application and the same was referred to the Labour Court.