HALLI GOWDA & ORS. versus MANAGING DIRECTOR, K.S.R.T.C. & ANR.

HALLI GOWDA & ORS. versus MANAGING DIRECTOR, K.S.R.T.C. & ANR.

If the respondent Corporation has granted regularisation and time scale pay from the date of initial employment to some daily wage employees, the same benefit must be extended to similarly placed petitioners unless satisfactory and cogent reasons can be provided for not doing so. Discrimination in service regularisation contravenes Article 14 of the Constitution.

Parties
Petitioners: Halli Gowda & Ors.; Respondents: Managing Director, Karnataka State Road Transport Corporation (K.S.R.T.C.) & Anr.
Jurisdiction
India
Judgment Date
08 March 1989
Procedural Posture
Writ Petition / Original Jurisdiction
Outcome
Remanded for factual enquiry and direction
Legal Topics
Regularisation of Daily Wage Employees, Discrimination Under Article 14, Statutory Organisations
Employment Law Administrative Law Constitutional Law Regularisation of Daily Wage Employees Discrimination Under Article 14 Statutory Organisations

Case Brief

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Parties

Halli Gowda & Ors.

Petitioners

Managing Director, Karnataka State Road Transport Corporation (K.S.R.T.C.) & Anr.

Respondents

Procedural Posture

Writ Petition / Original Jurisdiction

Legal Issues

  1. 1 Whether the petitioners were discriminated against in the matter of regularisation and grant of time scale pay compared to similarly placed employees
  2. 2 Whether daily wage employees are entitled to regularisation from their initial date of appointment

Ratio Decidendi

If the respondent Corporation has granted regularisation and time scale pay from the date of initial employment to some daily wage employees, the same benefit must be extended to similarly placed petitioners unless satisfactory and cogent reasons can be provided for not doing so. Discrimination in service regularisation contravenes Article 14 of the Constitution.

Court Disposition

Remanded for factual enquiry and direction

Orders

  • The respondent Corporation shall designate a senior officer within two weeks to examine the factual position regarding employment and regularisation dates of petitioners and the 19 persons in Annexure 'A'.
  • Petitioners to be given appropriate opportunity of being heard and relevant documents to be examined.