Arguments were heard in January by five-judge Bench
First judgment delivered in the Dharwad case on February 23, 1990It said services of daily wage employees who have completed 10 years can be regularisedGovernment announced the cut-off date as July 1, 1984
SHIMOGA: President of the Karnataka State Government Daily Wage Employees Federation K.S. Sharma has reiterated that the five-judge Constitution Bench of the Supreme Court, headed by Chief Justice Y.K. Sabharwal, has reserved judgment in the matter relating to regularisation of about 20,000 daily wage employees appointed by the State Government after July 1, 1984.
In the wake of a decision taken at a meeting of a section of the Government daily wage employees here on Sunday last, he has said arguments in the case lasted a week in January 2006 and the date of judgment is awaited.
He said the Supreme Court, which delivered the first judgment in the Dharwad case on February 23, 1990, then said that the services of daily wage employees who have completed 10 years can be regularised.
But the Government while issuing orders in this connection announced the cut-off date as July 1, 1984 and said the services of daily wage employees appointed after that date will be terminated.
Dr. Sharma said as the Karnataka Casual and Daily Wage Workers Association affiliated to Karnataka State Government Daily Wage Employees Federation obtained a stay order from the High Court of Karnataka on April 11, 1990 seeking that those who had completed 240 days in service shall not be terminated from service, the Government in its order on August 6, 1990, directed that those covered by the stay order and those who have completed 240 days in service shall not be terminated from service.
"Thus due to the stay order obtained by the association nearly 20,000 daily wage employees appointed after July 1, 1984 were saved and they continued to be in service. It is the future of these 20,000 employees that is to be decided by the five-judge Constitution Bench which has reserved judgment," he said.
Dr. Sharma has appealed to the daily wage employees not to be misled by those unconnected with the federation and await judgment in the case.
He said the federation has sent representations to the Government about the payment of enhanced living allowance from November 21, 1994 to the employees. The decision of the Government is awaited.
About those whose services have been regularised on account of they being appointed before July 1, 1984, the federation has represented to the Government to consider their previous daily wage service for terminal benefits and consider graduate daily wage employees for the post of first division assistants.
Dr. Sharma said the federation has also demanded that time-bound advancement be granted to employees who have completed 10 years in service after their regularisation. The executive committee of the federation is being convened to chalk out the further course of action, he added.