Daily wage employees of HOPCOMS Mysore sought regularization and fixation of cadre strength. The High Court allowed the petitions, directing the State Government and DPAR to fix the cadre strength and implement it.
Petitioners directed to implead DPAR; State Government and DPAR directed to fix cadre strength within four weeks with expedition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF MARCH 2016
BEFORE
THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY
WRIT PETITION Nos.2772 AND 3008-3022 OF 2016
(CS-RES)
BETWEEN:
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| 6. | P.R.Vijaykumar, Son of B. Ramaswami, Aged about 46 years, |
|---|---|
| 7. | Nanjundegowda, Son of Late K.B.Narayanagowda, Aged about 47 years, |
| 8. | B.C.Ramadeva, Son of Late Channegowda, Aged about 47 years, |
| 9. | K. Mahesh, Son of K.T.Erayya, Aged about 48 years, |
| 10. | Ningaraju, Son of Ningayya, Adult, |
| 11. | K. Mahesh, Son of Kendagannappa, Adult, |
| 12. | N.A.Kalavathi, Wife of K.N.Lokesh, Aged about 45 years, |
| 13. | P. Andani, Son of Late Puttaswamigowda, Aged about 51 years, |
| 14. | S. Srinivas, |
| Son of Late Siddayya, |
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Aged about 45 years,
All are working on daily wage Basis in Mysore District HOPCOMS, Karzon Park, Mysore 570 001.
…PETITIONERS
(By Shri B.V.Krishna, Advocate)
AND:
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…RESPONDENTS
(By Smt. Pramodini Kishan, Government Pleader for Respondent Nos.1, 2, 2A and 4;
Shri G. Chandrashekaraiah, Advocate for Respondent No.3)
These Writ Petitions filed under Articles 226 and 227 of the Constitution of India, praying to direct the competent authority i.e., the first and second respondents to initiate appropriate action on the request made by the third respondent for preparing a cadre strength and for pay fixation and further to consider the representation of the petitioners in Annexure-C and D.
These Writ Petitions coming on for Preliminary Hearing in ‘B’ Group this day, the court made the following:
ORDER
The petitioners are before this court in the following
background:-
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The petitioners are said to be daily wage employees serving the third respondent society. They had joined the services during the period between 1992 and 1997. The third respondent is a co-operative society registered under the Karnataka Co-operative Societies Act, 1959. The society was bifurcated whereby the marketing and processing of horticultural produce were divided under two major units namely, HOPCOMS, Bangalore and HOPCOMS, Mysore. A memorandum of understanding is said to have been drawn up and signed by the two units on 24.12.2003, regulating the manner in which they shall operate. Under the agreements, several posts which were in the parent body were transferred to the Mysore division and at that point of time, there were many employees employed on daily wage basis and serving the society through out their life and without receiving corresponding returns from the society. There were several posts available to which they could have been posted on permanent basis. Since that was not done, a writ petition was
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filed before this court in WP 30821/2010, seeking regularization of their services against the vacant posts. That petition having been allowed on 15.4.2011, the petitioners therein had received the benefits of the order and their services were regularized.
The third respondent is attempting to secure fresh
sanction for cadre strength in respect of its work force since the year 2011. However, the authorities have dragged their feet in processing the same. Inspite of repeated appeals by the petitioners, the machinery of the State Government is oblivious
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to the fate of the petitioners, who have remained without any just returns for the services rendered in view of they being treated as daily wage workers and not as permanent employees on the cadre strength of the society.
It is in this background that the petitioners are before this court.
insofar as the cadre strength is concerned, the Department of Personnel and Administrative Reforms (DPAR) is the competent department, which would fix the cadre strength and since that department is not made a party to the petition, no relief can be granted to the petitioner. Secondly, it is stated that only cadre strength has been fixed and the second respondent could be in a position to consider absorption of the petitioners into cadre strength.
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Karnataka is made a party represented by the Secretary, Department of Co-operation, it would be a simple matter for the State of Karnataka to call upon the DPAR, to take necessary steps for the matter has been hanging fire for the past several years.
formally amend the petition to implead the DPAR, represented by its Secretary, as a party to the present petition and the State Government as well as the DPAR is directed to fix the cadre strength for the third respondent - society and thereafter the same shall be implemented. Insofar as fixing the cadre strength is concerned, since the State Government has not chosen to address the same over several years, four weeks’ time is granted to do the needful and pursuant to which, the third respondent shall implement the same with expedition.
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The petitions stand disposed of with the above
observation. In the event if there is non-compliance by the State Government in this regard, serious view would have to be taken by this court. Hence, leave is granted to the petitioners to reopen the matter if there is no further action taken by the respondent - State Government.
Sd/JUDGE
nv
3 issues framed by the court
Whether the State Government should direct the fixing of cadre strength for daily wage employees of a cooperative society.
Whether the petitioners should be regularized or absorbed into the cadre strength of the society.
Whether the Department of Personnel and Administrative Reforms (DPAR) should be implead to fix the cadre strength.
2 provisions across 2 enactments
C. Vishwanath and Others
The State of Karnataka
The Director of Horticulture
Department of Personal Administration
Mysore District Horticultural Producers Co-operative Marketing And Processing Society Limited
The Joint Registrar of Co-operative Societies
And Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
