By : M.S.Yatnatti Editor and Video Journalist Bengaluru : It is directed by HKHC in WP Nos 201021-022/2015 (s-res) dated 5-06-2015to all commissioners of BBMP ,city corporations of Tumkur Shivamogga , Vijayapura Mngalore Belgaum Bellary Davangere Huballi-Dharwad Kalburgi and Mysuru are directed to take appropriate and immediate steps to regularize the services of daily wade sweepers scavengers or purakarmikas either working on out sorce or through contractors wthin six months from date of order. Discussion on abolishing contract labor or temporary employment for pourakarmikas had begun after the civic body in Haliyal in Uttar Kannada district regularised the services of its pourakarmikas following a High Court order. "We should remove the word temporary from the labour force's lexicon. The pourakarmikas should be taken as regular employees from the time they join work,” The exploitation of pourakarmikas at the hands of the contractors was so rampant that immediate measures should be taken to end the contract system.
Few of the legal experts state that Uamadevi SC order is not applicable to pourakarmikas as they have completed more than 240 days of their service and in some cases they have completed more than 10 yearsof service in contract labour.The Supreme Court ruling says that daily wagers who have worked for at least 240 days in a calendar year are entitled to be regularised An earlier judgment by the Constitution Bench said that daily wage employees had no right to seek regularization.Justice A.R. Lakshmanan and Justice Loleshwar Singh Panta said that daily wagers could not claim regularization if they had not worked for at least 240 days in a calendar year. And in recent order It is directed by HKHC in WP Nos 201021-022/2015 (s-res) dated 5-06-2015to all commissioners of BBMP ,city corporations of Tumkur Shivamogga , Vijayapura Mngalore Belgaum Bellary Davangere Huballi-Dharwad Kalburgi and Mysuru are directed to take appropriate and immediate steps to regularize the services of daily wade sweepers scavengers or purakarmikas either working on out sorce or through contractors wthin six months from date of order.
In citations in Supreme Court of India G.M., O.N.G.C.,Shilchar vs O.N.G.C. Contractual Workers ... on 16 May, 2008 it is held that "It was contended by Mr. Dave that this Court in Uma Devi's case (supra) has clearly opined that the contract or casual labour could not claim regularization and he has in particular emphasized that in the light of the admitted position that at some stage, the workmen were indeed contract employees the ratio of the aforesaid was clearly applicable to the facts of the case. We, however, observe that the aforesaid decision was considered by another Bench of this Court in Pandey's case (supra) wherein it has been held that the ratio of any decision must be understood in the background of the facts of that case and that the case is only an authority for what it logically decides and what logically flows from it. In Pandey's case (supra) the question was as to whether casual employees working in the Electricity Board were entitled to regularization of their services. This is what the Division Bench had to say in paragraphs 16 and 17: "We are constrained to refer to the above decisions and principles contained therein because we find that often Uma Devi's case (supra) is being applied by Courts mechanically as if it were a Euclid's formula without seeing the facts of a particular case. As observed by this Court in Bhavnagar University's case (supra) and Bharat Petroleum Corporation Ltd.'s case (supra), a little difference in the precedential value of a decision. Hence, in our opinion, Uma Devi's case (supra) cannot be applied mechanically without seeing the facts of a particular case, as a little difference in facts can make Uma Devi's case (supra) inapplicable to the facts of that case. The citizens asking the state government to state why it cannot regularise pourakarmikas who are employed on contract as has been done in Gulbarga district. It was earlier brought to the notice of the POURAKARMIKAS that though the government had a proposal to regularise the services of the pourakarmikas all over the state, it was done only in Gulbarga as it was the home district of the then chief minister.