A view of the High Court of Karnataka building.
| Photo Credit: File Photo

Observing that non-regularisation of the service of two daily wage employees, who have been working for the State for the past 32 and 39 years, respectively, will amount to “exploiting human labour”, the High Court of Karnataka has ordered their regularisation from the date when they completed 10 years of service as per the parameters laid down by the apex court.

“The State government itself should consider regularisation of such cases, in which those on daily wages meet the parameters laid down by the apex court for regularisation of service, as a person employed on daily wage will not be in a position to bear the brunt of litigation and it is not the law that every person should be driven to the court seeking the very same relief that is granted to similarly situated persons…,” the court observed.

Justice M. Nagaprasanna issued the directions while allowing the petition filed by Anandu, 58, who has been working as a literate assistant for 39 years, and Ishwar, 54, a junior engineer working for 32 years with the Panchayat Raj Engineering Department’s sub-division at Ankola in Uttara Kannada district.

Why not regularised?

Wondering why the petitioners’ service was not regularised despite the recommendation from the authorities when a larger number of similarly placed daily wage workers were regularised in terms of the apex court’s directions, the court said, “The petitioners have in their prime youth worked for the services of the State, as daily wagers. They continue to be in that position even today.”

“They are in the last leg of their services. If their services are not directed to be regularised today, it would be putting a premium on the act of the State, exploiting human labour, as these petitioners, if left in the lurch, will have to wander for their livelihood after having served the State for 39 years and 32 years, respectively,” the court observed.

Entitlements

The court said the petitioners are entitled to fixation of their salaries as permanent employees and other consequential benefits from the date they completed 10 years in service but they would not be entitled to arrears of salary. The services rendered by the petitioners would be counted for the purpose of determination of pension and other terminal benefits, the court said, giving 12 weeks for the government to implement the directions.