TaxTMI 
TaxTMI 
2005 (3) TMI 802
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....against before the Karnataka High Court which by reason of the impugned judgments were dismissed. The Appellant is, thus, before us. FACTUAL BACKGROUND : The factual aspect of the matter may be noticed by us from Civil Appeal No.4868 of 1999. The Respondent was appointed by a Memo. Dated 13.5.1982 in substitute vacancies arising out of Suspension Pending Enquiry/Suspension as a measure of specific punishment and absent cases etc., inter alia, on the following terms and conditions : "1. You as a Badli (sic) is not an appointee in the Corporation and do not have any right merely because your services are so utilized on day-to-day basis. 2. You are not entitled to any kind of leave or other facilities to which the regular employees are entitled to. 3. You are not transferable from place of your utilization so long as you remain Badli. 4. You will be eligible for payment of wages for the number of days you are utilized for the job as such either daily or mothly, as per the rates prevailing in the Corporation. 5. Your utilization as Badli will be discontinued if for any reason, your services are found not suitable for the job for which you are utilised as Badli." Allegedly, the....
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....r in terms of his selection, is forfeited." IMPUGNED AWARD AND JUDGMENT : The Labour Court as also the High Court passed the impugned awards and judgment relying on or on the basis of a decision of this Court in S. Govindaraju vs. Karnataka S.R.T.C. and Another [(1986) 3 SCC 273] wherein it was held that as by reason of such discontinuance in service, the Respondent had forfeited his chance of being appointed having been found unsuitable therefor, it was imperative on the part of the Appellant herein to afford an opportunity of hearing to him. CONTENTIONS : Mr. K.R. Nagaraja, the learned counsel appearing on behalf of the Appellant herein, raised two submissions before us. Firstly, the learned counsel would contend that having regard to the offer of appointment, the Respondent did not derive any legal right to continue as a Badli worker. Reliance in this behalf has been placed on State of Uttar Pradesh and Another vs. Kaushal Kishore Shukla [(1991) 1 SCC 691]. The decision of this Court in S. Govindaraju (supra), according to Mr. Nagaraja, is not applicable to the facts and circumstances of this case inasmuch as the concerned workman therein having completed 240 days of service....
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....LI' worker is one who is employed on a day to day basis in any vacancy caused by the absence of any employee and who is paid for the number of days he works as such, either daily or once in a month. 2. A list of Badli workers shall be maintained in a Depot or Workshops. The appointment of a Badli worker shall be made from among those in the list of Badli workers who are present at the Depot/Workshop, preference being given to the person who arrived first at the place of duty. If for any reason a Badli worker is not found suitable for the post, his name may be removed from the list of Badli workers. 3. A badli worker would be eligible for such day to day appointment as long as his name figures in the list of Badli workers." The regulations are pointers to the fact that the rights of the Badli workers are not absolute in nature. The 1982 Regulations came into force with effect from 1.1.1983 and Regulation 4 provides for eligibility for appointment and disqualifications for appointment, Sub-Regulation (6) whereof reads as under :. "No person who has been convicted in an offence, involving moral turpitude by a Court of law or dismissed from service in this Corporation or Gover....
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.... caused by absence of any employee and would be paid for the number of days he works as such either daily or once in a month. The mode of appointment, therefore, postulates appointment in three tiers. The status of a temporary employee is higher than a Badli worker. The names of Badli workers are not to be included in the select list but in the wait list. A select list of selected candidates prepared by the selection authority is required to be equal to the number of existing vacancies plus vacancies that may arise over a period of one year from the date of publication as may be assessed by the Selection Authority and only in exceptional cases, the validity thereof can be extended for a period not exceeding six months. The select list or the wait list, as the case may be, therefore, does not have an indefinite life. A bare perusal of the memo. dated 13.5.1982 in terms whereof the Respondent was appointed clearly states that he was appointed in the Corporation and did not have any right merely because his services were so utilized on day to day basis. The services of a Badli worker may be discontinued, if for any reason he is not found suitable for the job for which his services we....
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....er the terms of contract as well as under the relevant rules applicable to a temporary government servant. It never intended to dismiss the respondent from service. Holding of preliminary inquiry does not affect the nature of the termination order. The allegations made against the respondent contained in the counter-affidavit by way a defence filed on behalf of the appellants also do not change the nature and character of the order of termination. The High Court failed to consider the question in proper perspective and it interfered with the order of termination in a casual manner." The terms and conditions of employment of a Badli worker may have a statutory flavour but the same would not mean that it is not otherwise contractual. So long as a worker remains a Badli worker, he does not enjoy a status. His services are not protected by reason of any provisions of the statute. He does not hold a civil post. A dispute as regard purported wrongful termination of services can be raised only if such termination takes place in violation of the mandatory provisions of the statute governing the services. Services of a temporary employee or a badli worker can be terminated upon compliance ....
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....he provisions of Section 25-F of the Industrial Disputes Act. It was not a case where the services of the Respondent could have been terminated only in compliance with the provisions of Section 25-F and on the Appellant's failure to do so he had derived a right to continue in service. Furthermore, in Govindaraju (supra) there was no case of proved misconduct made out against the workman unlike the present cases. In this case, the Appellant's contention that before imposing the punishments upon the Respondent, opportunities of hearing had been granted to the concerned workman is not denied or disputed. Imposition of such punishment upon the workmen had not been questioned by them. They accepted the same and, thus, the same attained finality. The history-sheet of the Respondents clearly show that opportunities after opportunities had been given to them to improve themselves but they did not avail the same. It was in that situation if the services of the Respondents were found not satisfactory and they were continued from service, no fault can be found with the action the Appellant herein. There is another aspect of the matter which cannot be lost sight of. The High Court of K....
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....he cross- examination, the same could not be used as evidence by the Labour Court or by the appellate court for coming to the conclusion that an order of termination which is otherwise simpliciter in nature is motivated by any consideration other than the decision of the management as to the satisfactory nature of the workman concerned." It was further observed : " Assuming that there was an incident of misconduct or incompetency prior to his discharge from service, the same cannot be ipso facto be termed as misconduct requiring an inquiry, it may be a ground for the employer's assessment of the workman's efficiency and efficacy to retain him in service, unless, of course, the workman is able to satisfy that the management for reasons other than efficiency wanted to remove him from services by exercising its power of discharge." The Appellant watched the conduct of the Respondents for an year and only on completion of the period during which the select list remained valid, terminated their services as having been found not satisfactory. In Registrar, High Court of Gujarat and Another vs. C.G. Sharma [(2005) 1 SCC 132], this Court observed : " The order of termination i....