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Benefit Of Equal Pay & Holidays Are Granted To Daily Wage Employees Working Part-Time At HC Circuit Benches: Karnataka Govt Tells High Court
Mustafa Plumber
14 Jan 2025 9:37 AM
The Karnataka Government informed the High Court that the benefit of general holidays and Government holidays as notified by the Court in the calendar is granted to the part-time daily wage manual workers working in the Benches of High Court at Dharwad and Kalaburagi.A division bench of Chief Justice N V Anajaria and Justice M I Arun were informed about this during a public interest...
The Karnataka Government informed the High Court that the benefit of general holidays and Government holidays as notified by the Court in the calendar is granted to the part-time daily wage manual workers working in the Benches of High Court at Dharwad and Kalaburagi.
A division bench of Chief Justice N V Anajaria and Justice M I Arun were informed about this during a public interest litigation filed by the High Court Legal Service Committee in 2014.
The plea stated that Group 'D' employees employed to work in the establishment of the High Court should be given parity in remuneration. Most of them were deputed to work at the residence of Hon'ble Judges and, they have put in a reasonably long continuous satisfactory service.
Further, the daily wage employees have the right to be treated at par on the ground that they have been discharging duties of similar nature and therefore, could not have been treated differently in the matter of paying the salary and other remunerative benefits which are part of the salary.
In the order dated 17.11.2021, the Court recorded the submission on the part of the advocate for Registrar General that the part-time employees employed at the Dharwad and Kalaburagi Benches of the High Court have been paid wages at the enhanced rate and arrears have also been paid to them which was, however, prospectively.
Following this the government filed a memo in the court that the application of the Petitioner has been considered and the benefit of general holidays and Government holidays as notified by this Court in the calendar is granted to the part-time daily wage manual workers working in the Benches of High Court at Dharwad and Kalaburagi.
The court then said, “In the totality of the facts and circumstances, the Court finds that since the substantial part of the grievance is taken care of by the Governmental authorities by granting the holidays and treating the daily wage employees at the said two Benches at par with the other employees, the present proceedings are not required to be continued.”
On the aspect of arrears of payment during the aforesaid period from 2012 to 2019. The court permitted the employees to make a detailed representation to the Registrar General of the High Court, since they are appointed under Rules 7 and 55(2) of the Manual of Contingent Expenditure, 1958.
It said “Registrar General of this Court is directed to forward the same to the competent authority of the State Government, which shall in turn decide the same in accordance with law and more particularly keeping in view that these daily waged employees are treated at par with regular employees in all other respects, within three months from the date of such representation, so as to iron out the creases. The representation may be considered sympathetically.”
Accordingly, it disposed of the petition.
Appearance: Advocate B V NIDHISHREE for Petitioner.
AGA NILOUFER AKBAR, FOR R1.
Advocate B.V.VIDYULATHA, FOR R2
Citation No: 2025 LiveLaw (Kar) 14
Case Title: High Court Legal Service Authority AND State of Karnataka & ANR
Case No: WRIT PETITION NO. 52485 OF 2014