HC: KSRTC can’t depute staff without consent

The Karnataka High Court on Tuesday set aside the clause enabling Karnataka State Road Transport Corporation (KSRTC) to transfer employees on deputation to another corporation without their consent.

The court was hearing a batch of petitions filed by KSRTC employees, challenging the order of their deputation to other corporations.

The court observed in its order that the common question in all petitions is whether it is legally permissible to transfer an employee of KSRTC to other corporations established under the Road Transport Corporation Act, 1950.

The corporations so established were Bengaluru Metropolitan Transport Corporation, North Western Karnataka Road Transport Corporation and North Eastern Karnataka Road Transport Corporation.

The court observed that the moment an employee of a corporation is transferred on deputation to another corporation established under the Act, such an employee becomes the employee of that corporation.

The court said in its order that paragraph 3 of the order dated August 5, 2000 is declared unconstitutional and consequently quashed. The said paragraph 3 reads “the maintenance of the class one and class 2 officers cadre shall continue in KSRTC. The KSRTC shall have the powers to depute these officers to newly constituted corporations, subject to requirement. There is no provision to draw deputation allowance on such deputations.”

The court also set aside the orders of transfer of the petitioners issued by KSRTC.