Case Note & Summary
The case involved thirty-two petitioners who were Bus Conductors employed by the Karnataka State Road Transport Corporation, alleging discrimination in the regularisation of their services compared to 19 other daily wage Conductors. The petitioners claimed that while they had served for many years, the 19 individuals listed in Annexure 'A' were regularised and granted time-scale pay from their initial dates of employment. They sought relief under Article 14 of the Constitution, asserting that the Corporation, as a statutory body, had treated them unfairly. The Corporation acknowledged its status as a statutory body under the Road Transport Corporation Act of 1950 and did not dispute the initial appointment process of daily wage employees. However, it contested the petitioners' claims regarding the regularisation dates of the 19 employees. The Court noted discrepancies in the factual positions presented by both parties and directed that a senior officer be appointed to investigate the claims, ensuring the petitioners had the opportunity to present their case. The Court held that if it was found that the petitioners had not received the same benefits as the 19 employees, they should be granted equal treatment unless the Corporation could provide satisfactory reasons for the disparity. The Court mandated that the investigation be completed within three months and a final decision be made within two months thereafter, without any direction as to costs.
Headnote
A) Employment Law - Discrimination in Regularisation - Equal treatment in employment - Statutory Organisations - The Court directed an examination of the factual position regarding the regularisation of daily wage employees to ensure no discrimination occurred against the petitioners compared to others similarly situated. The Court emphasized that regularisation does not require a specified period of service and directed a senior officer to investigate the claims of the petitioners (Paras 939-940).
Issue of Consideration
Whether the petitioners were discriminated against in the regularisation of their services compared to other similarly placed employees.
Final Decision
The Court directed a senior officer to investigate the claims of the petitioners regarding discrimination in regularisation and to provide them an opportunity to be heard. The investigation was to be completed within three months, followed by a final decision within two months thereafter.
Law Points
- Discrimination in employment
- Regularisation of service
- Time scale pay
- Statutory organisations
- Article 14 of the Constitution
