High Court of Karnataka Dismisses Writ Petitions of Contractual Employees Seeking Regularisation in Electricity Supply Company. Petitioners failed to establish any legal right to regularisation as they were engaged on contract basis without following due process of recruitment.

High Court: Karnataka High Court Bench: DHARWAD In Favour of Prosecution
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Case Note & Summary

The petitioners, numbering 47 individuals, were engaged as Operators and Helpers on a contractual basis by the Karnataka Power Transmission Corporation Limited (KPTCL) at various sub-stations in Ballari district. They filed writ petitions before the High Court of Karnataka, Dharwad Bench, seeking regularisation of their services. The court, presided over by Justice G. Narendar, examined the nature of their appointment and the legal principles governing regularisation of contractual employees. The court noted that the petitioners were appointed on contract basis without following any recruitment process and that there was no policy or scheme for regularisation of such employees. The court held that contractual employees have no vested right to regularisation unless their appointment was made in accordance with the rules and there is a specific policy for regularisation. The court also observed that the petitioners had not challenged the terms of their contract or the validity of their appointment. Consequently, the court dismissed the writ petitions, holding that the petitioners were not entitled to any relief. The judgment reaffirms the principle that regularisation cannot be claimed as a matter of right by contractual employees.

Headnote

A) Service Law - Regularisation of Contractual Employees - No Right to Regularisation - Petitioners were engaged as Operators and Helpers on contract basis by the Karnataka Power Transmission Corporation Limited (KPTCL) - They sought regularisation of their services - Held that contractual employees have no right to regularisation unless their appointment was made in accordance with the rules and there is a policy for regularisation - The court dismissed the writ petitions as the petitioners failed to establish any legal right (Paras 1-10).

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Issue of Consideration

Whether the petitioners, who were engaged as contractual employees by the respondent, are entitled to regularisation of their services.

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Final Decision

The High Court dismissed the writ petitions, holding that the petitioners are not entitled to regularisation of their services.

Law Points

  • Regularisation of contractual employees
  • No right to regularisation
  • Contractual appointment
  • No legal right
  • Writ petition dismissed
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Case Details

2019 LawText (KAR) (03) 32

Writ Petition Nos.107629-675 of 2018 (S-RES)

2019-03-07

G. Narendar

Narendra B and others

Karnataka Power Transmission Corporation Limited (KPTCL)

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Nature of Litigation

Writ petitions seeking regularisation of services of contractual employees.

Remedy Sought

Petitioners sought regularisation of their services as Operators and Helpers with the respondent corporation.

Filing Reason

Petitioners were engaged on contract basis and sought regularisation of their employment.

Issues

Whether contractual employees have a right to regularisation of services.

Submissions/Arguments

Petitioners argued that they have been working for a long period and deserve regularisation. Respondent argued that the petitioners were appointed on contract basis and have no right to regularisation.

Ratio Decidendi

Contractual employees have no right to regularisation unless their appointment was made in accordance with the rules and there is a policy for regularisation.

Judgment Excerpts

The petitioners were engaged on contract basis and have no legal right to regularisation.

Procedural History

The petitioners filed writ petitions before the High Court of Karnataka, Dharwad Bench, seeking regularisation of their services. The court heard the matter and dismissed the petitions on 07.03.2019.

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