Karnataka HC orders regularisation of services for 16 contract workers from Mangalore City Corporation

Bengaluru: In a relief to 16 contract workers with the Mangalore City Corporation (MCC), the Karnataka High Court has directed the Deputy Commissioner to regularise their services.

Justice S Sunil Dutt Yadav passed the order while partly allowing the petition filed by Bhagwan Das and 15 others, who have been working with the MCC as valvemen and pump-operators for the past 28 years.

The petitioners stated that they continued their work with the MCC through a service provider agency after 2006, in the wake of the state government abolishing the contract labour system.

It was further submitted that on July 28, 2016, the services of 79 similarly placed contract workers were regularized. The petitioners approached the city corporation with a request to extend this benefit to them.

When their request was turned down, the petitioners approached the Deputy Commissioner. On December 12, 2019, the Deputy Commissioner too refused to regularise their services and they moved the high court.

The petitioners contended regularization of their services in terms of the Apex Court decision in the Umadevi case. They claimed that the MCC had availed their services through contractors, despite having vacant posts.

Justice Sunil Dutt Yadav noted that the petitioners have rendered service to a statutory authority through a contractor, which is referred to as an out-source agency. The court said that these contract workers were working against the sanctioned posts as there was a ban on recruitment in the city corporation.

“The Apex Court in no uncertain terms has recognised the system of contract labour/ out-sourcing as methods of avoiding direct recruitment,” Justice Sunil Dutt Yadav observed.

While partly allowing the petitions, the court clarified that the petitioners would be entitled only for continuity of service and the period served would be counted for post retrial benefits. The order of regularization is to take effect from the dates when they have completed 10 years, the court said.