- (1.) These are five writ petitions under Article 32 of the Constitution by two trade unions, a society formed by Law students of the University College and two individuals asking for quashing of the Karnataka Government's Notification of 12th March, 1982, and for directions to confirm the daily rated and monthly rated employees as regular government servants and for payment of normal salary at the rates prescribed for the appropriate categories of the Government servants and other service benefits. It has been pleaded that about 50,000 such workers are employed in the different Government establishments and though many of them have put in 16 to 20 years of continuous service - which is proof of the fact that there is permanent need for the jobs they perform - they have not been regularised in their service and are not being paid equal pay for equal work as has been mandated by this Court by way of implementation of the Directive Principles of State Policy.
(2.) A two-Judge Bench of this Court dealing with these writ petitions on 14th July, 1988, directed: "We have heard learned counsel for both the parties, only on one of the questions involved in this case viz. whether the monthly rated Gangmen who are referred to in paragraph 1 of the Government's Order No. PWD 100 PWC 83, Bangalore dated 12th January, 1984 and the monthly rated Sowdies etc. referred to in the Government's Order No. PWD 120 PWC 84 dated 4th December, 1984 should be, paid the same salary as the salary paid to Gangmen and Sowdies respectively who are employed regularly by the State Government. As we are of the view that the principle enunciated by this Court in paragraph 8 of the judgment of this Court in Daily Rated Casual Labour Employed under P and T Department through Bhartiya Dak Tar Mazdoor Manch v. Union of India (1988) 1 SCC 122: (AIR 1987 SC 2342) is applicable to this case also, we direct the Government of Karnataka to pay salary to such workmen at the rates equivalent to the minimum pay in the pay-scales of the regularly employed Gangmen or Sowdies, as the case may be, but without any increment with effect from 1-7-1988. The question whether they are entitled to any arrears for the period between the date on which their services were regularised under the State Government's Orders and 1-7-1998 will be considered along with the other questions involved in this case at the final hearing. This case shall stand adjourned by three months. In the meanwhile we permit the State Government to frame a more rational scheme for absorbing as many casual workers and monthly rated Gangmen and Sowdies as possible in regular cadres. The case need not be treated as part-heard."
(3.) Pursuant to the aforesaid directions, the State of Karnataka has filed a draft scheme, copies of which have been served on the parties, their response to the draft scheme has been received and the matter has been heard at length.;