original appointment with monetary and service benefits.
2. The facts made out are that the petitioners
were appointed as Assistant Teachers by the respondent
no.1 - Institution which was an aided institution governed
under the provisions of the Karnataka Education Act, 1983
as well as the Grant-in-Aid Code.
NC: 2025:KHC:7679
3. The petitioners, it is stated, were appointed
between the period 2006 to 2014 and were being paid
consolidated salary of Rs.500/- per month. The details are
found at para-5 of the memorandum of petition and the
table reflecting educational qualification, date of
appointment, subject and consolidated salary are listed
and is reproduced below for reference:
Sl. Name Educational Date of Subject Consolidated
No. qualification appointment salary per
month
1. K.R.Vishwanath M.A. B.Ed. 02.06.2008 Kannada Rs.500/-
Arts
2. Shivakumar K.M. M.A. B.Ed. 02.01.2006 Kannada Rs.500/-
Arts
3. S.Manjegowda M.A. B.Ed. 05.06.2008 Kannada Rs.500/-
4. K.C.Pradeepkumar M.A. B.Ed. 08.08.2009 Arts Rs.500/-
5 K.M.Jagadeesh M.A. B.Ed. 10.06.2010 Arts Rs.500/-
6. Sindhu. P. M.A. B.Ed. 14.02.2012 Kannada Rs.500/-
Arts
7. Siddaraju. R. M.A. B.Ed. 01.07.2013 Kannada Rs.500/-
Arts
8. Rachanayak M.A. B.Ed. 24.09.2013 Arts Rs.500/-
9. Rukminiamma M.A. B.Ed. 15.07.2014 Arts Rs.500/-
10. Nandeesh Nayak M.A. B.Ed. 15.07.2014 Kannada Rs.500/-
Arts
11. Manjunatha K.A. M.A. BP.Ed. 17.02.2013 Physical Rs.500/-
Education
Teacher
12. Manjula. R. M.A. B.Ed. 25.08.2012 Arts & Rs.500/-
Kannada
NC: 2025:KHC:7679
II. SUBMISSIONS:-
4. Heard learned counsel Sri.Anneppanavar
Ramesh Basetteppa, appearing on behalf of the
petitioners, learned Senior Counsel R.S.Ravi appearing on
behalf of Sri Akarsh Kumar Gowda, for respondent No.1
and learned High Government Pleader Sri G. S. Aruna on
behalf of the respondent - State.
A. SUBMISSIONS ON BEHALF OF PETITIONERS:-
5. The petitioners assert that their appointment by
the first respondent institution was sought to be given a
legal cloak by tracing the appointment to Rule 48 of the
Grant-in-Aid Code which provided for the managements to
make temporary appointment for duration of less than six
months without inviting application in terms of the
procedure prescribed for temporary period of time.
However, without their posts being admitted to Grant-in-
Aid, the petitioners are stated to have worked till 2019.
NC: 2025:KHC:7679
6. It is also the assertion of the petitioners that
there were vacancies in the first respondent institution
which could have been filled by making necessary
application to the Government as was permissible.
7. Attention was drawn to the Notification dated
13.03.2017 of the Government at Annexure-D, whereby
the first respondent institution was called upon to fill up
the posts and such communication was addressed to the
institution.
8. The petitioners, it is stated, subsequent to such
notification though made out representation dated
16.08.2018, for their regularisation, however, it is alleged
that the management not having considered the case of
the petitioners, sought to conduct interview and selection
by inducting fresh candidates by overlooking the
petitioners. It is in such context, that the petitioners had
sought for consideration of their grievance.
- 10 -
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9. The petitioners thereafter had filed
W.P.Nos.37031-37044/2018 seeking for direction to the
respondents to consider the representations dated
16.08.2018 and extend service benefits on the principle of
"Equal Pay for Equal Work". The said writ petition was
disposed off with an observation that the fourth
respondent was to consider the representation and pass
orders within three months. The said representation came
to be disposed off in terms of the proceedings at
Annexure-J dated 18.02.2019 by the respondent No.4
after an enquiry and the findings recorded were as follows:
(a) That the petitioners were working in the said
institution;
(b) That they were not furnished with any orders of
appointment;
(c) That they were not permitted to affix their
signature in the School Attendance Register;
(d) That they have been working in posts not
admitted to Grant-in-Aid at a very low salary,
and;
(e) That their claims require to be considered
sympathetically.
- 11 -
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However, it was pointed out that the process of
appointment was to be in terms of the Karnataka Private
Educational Institutions (Recruitment and terms and
conditions of service of employees in Private Aided Primary
and Secondary Educational Institution) Rules, 1999 and
accordingly, the claim of the petitioners could not be
considered.
10. The said report was referred to the
Commissioner, Department of Public Education seeking for
appropriate direction.
11. Finally in terms of the Endorsement at
annexure-M dated 09.04.2019, the Commissioner,
Department of Public Education informed petitioners that
the Deputy Director (Administration) was directed to
dispose of the representation in accordance with the Act.
Accordingly, the present petition has been filed.
- 12 -
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12. The legal premise on which the petitioners are
seeking for monetary compensation is that they are
entitled for "Equal Pay for Equal Work" and there cannot
be exploitation of the petitioners by paying meager salary
of Rs.500/- per month over an extended period of several
years.
13. At the time of addressing arguments, learned
counsel for petitioners has restricted relief claimed to the
issuance of appropriate direction to the respondent
institution to make good the economic prejudice caused
due to prolonged service at meager pay of Rs.500/- per
month without having the benefit of regularisation.
B. SUBMISSIONS ON BEHALF OF RESPONDENT - STATE:-
14. The State Government has filed statement of
objections asserting that in terms of the available
vacancies, appointments were sought to be made in terms
of the order of the Commissioner for Public Instructions
dated 13.02.2017. It is further asserted that pursuant to
- 13 -
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the direction in W.P.Nos. 37031-37044/2018, a detailed
enquiry was held and proceedings drawn up, referred to
above. It was asserted that none of the petitioners were
selected in the recruitment process, that petitioners were
working in the Management Institution for several years
without any appointment order and that the engagement
of the petitioners was as regards posts not admitted to
grant-in-aid which engagement is not binding on the
Government.
C. SUBMISSIONS ON BEHALF OF RESPONDENT -
INSTITUTION:-
15. It was a contention raised on behalf of the
respondent Institution that the petitioners had worked
voluntarily for purpose of experience and no appointment
orders were issued.
16. It is contended that in terms of the Karnataka
Educational Institutions (Classification, Regulation and
Prescription of Curricula, etc.) Rules, 1995, the tuition fee
to be charged by recognized Private Aided Institutions is
- 14 -
NC: 2025:KHC:7679
only from failed students at rates specified by the State
Government or Competent Authority authorized in terms
of Rule 10(3)(d)(i). Further, the Institution could charge
special development fees in terms of Rule 10(3)(c)(i) only
of Rs.500/- per year. It is also submitted that they are
bound by the provisions of the Karnataka Educational
Institutions (Regulation of Certain Fees & Donations)
Rules, 1999 and in terms of Rule 3, they are prevented
from collecting any donation voluntary or otherwise other
than the prescribed fee as notified. Accordingly, in light of
such restriction, Institution is not in a position to raise
funds for the purpose of paying salary to the Teachers
whose posts are not admitted to grant-in-aid as sought for
in the present case.
17. It is also submitted that their hands are tied
insofar as appointments are concerned and they do not
have any discretion to regularize services of the staff as
sought for.
- 15 -
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III. ANALYSIS:-
18. The grievance of the petitioners is:-
That the petitioners had worked for
substantial period of time under the hope that
their posts would be admitted to grant-in-aid and
such consequence not having realised, they are
of the justifiable view that their services have
been exploitatively used as their period of work
over several years was compensated by a
meager salary of Rs.500/- per month which is
below the minimum wages payable.
19. At the outset, the validity of appointments of
the petitioners made by the respondent institution without
such posts being admitted to grant-in-aid is to be
examined in terms of Rule 48 of Uniform Grant-in-Aid
Code For Secondary Schools In Karnataka State1. Rule 48
reads as follows:-
Order No.ED13 SHS 67, Bangalore, dated 17.06.1967
- 16 -
NC: 2025:KHC:7679
"48. The management may make temporary
appointments the duration of which is less than 6 months
without calling for applications."
20. The objective of such Rule granting permission
to the Institution to make appointments without
adherence to Rules governing recruitment of staff in Aided
Institutions is to enable the Institutions to fill up posts
temporarily, where vacancies have arisen till regular
recruitment is made. As the procedure of regular
recruitment involves time and various processes, in order
to tide over staff shortage till such recruitment is
completed, power is conferred to make temporary
appointments.
21. Admittedly, in the present case, in terms of
Annexures-'C', 'D' and 'E', pursuant to Government
permission, recruitment process had been initiated as
regards Teachers Grade-2 as well as Physical Education
Instructors Grade-1. The Notification for recruitment is
dated 14.06.2018. For various reasons, petitioners were
- 17 -
NC: 2025:KHC:7679
not recruited through such process due to administrative
reasons.
22. Immediately thereafter, the petitioners in terms
of representation dated 16.08.2018 at Annexure-'G' to
Government Authorities had specifically requested to
include their names in the list of candidates short listed for
interview by awarding marks in the nature of weightage
taking note of their services for extended period of time.
23. The representation dated 16.08.2018 was
directed to be considered by order passed in
W.P.Nos.37031-37044/2018 dated 11.09.2018 pursuant
to which the Government has taken up consideration of
representation.
24. The Government's consideration of the
representation of the petitioners has resulted in the report
at Annexure-'J' dated 18.02.2019. The conclusion arrived
at was on the basis of statements of the concerned
officials including the statement of the Head Master. The
- 18 -
NC: 2025:KHC:7679
statement of the Head Master is part of the enquiry
records and a set of photocopies of such proceedings have
been submitted before the Court by learned counsel for
the petitioners. Such records were produced by the State
at the time of hearing and the petitioners have taken
photocopies of records and have placed it before this Court
for perusal.
25. It is specifically asserted by the Head Master
which statement is referred to in the enquiry report, that
the petitioners have been working as Teachers, that all of
them were working on oral directions of the Management,
that their engagement was towards vacant posts as
regards Teachers of Classes-VIII, IX and X, that, apart
from the Teachers performing their duties of teaching,
their services have also been utilized for census duties,
training, evaluation of SSLC papers, election duty, revision
of Voters' list, etc.
- 19 -
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26. The eventual conclusion in the said report
reiterates the statement of the Head Master and records
that the petitioners have been working for many years
without pay/meager pay, and that there were no written
orders of appointment nor were they permitted to affix
their signature on the attendance registers. The Table
containing the details of Exhibits produced during the
proceedings is as hereunder:-
NAME OF EXHIBITS DETAILS OF THE EXHIBIT
PETITIONER & NAME PRODUCED IN THE
OF THE RESPONDENT PROCEEDINGS
INSTITUTION - [EX.]
SERVICE RENDERED
K.R. Vishwanath 1-A Time Table of the Respondent
School
T.S. Subbanna
Public High School, 1-B Temporary Attendance Register
Poorigali (2011 -2013)
T.S. Subbanna 1-C Records pertaining to annual
Public High School, examination (Question paper,
Vidyaranyapuram Answer Sheets, Self Assessment)
T.S. Subbanna 1-D Minutes of the meeting conducted
Public High School, by the Headmaster a/w signature
Chamundibetta of petitioner.
1-E Photocopies of petitioner's
participation in activities of
School.
Shivakumar K.M. 2-A Temporary Appointment order by
- 20 -
NC: 2025:KHC:7679
Respondent Institution, dated
T.S. Subbanna 03.09.2007, 21.12.2006
Public High School
2-B Authorization Letter of the
T.S. Subbanna Headmaster affirming 5 years of
Public High School, service as temporary teacher.
Poorigali
2-C Minutes of the teachers meeting
T.S. Subbanna a/w signature of petitioner.
Public High School,
Mamballi 2-D Assessment Records of students
signed by petitioner
2-E Headmaster's letter to
Management for sanction of
Honorarium to petitioner
S. Manjegowda 3-A Attendance Register (June 2008 -
September 2013)
T.S. Subbanna
Public High School, 3-B Record of functioning as polling
Kyatanahalli officer
3-C Photocopies of petitioner's
participation in activities of
School.
3-D Awardee of Kannada Ratna
3-E Sirigannada Scholarship Award
Letter
3-F Attendance letter issued by
Tahsildar to petitioner for duty as
supervisors Censes -2011
3-G Confirmation letter regarding
Social and Educational Survey
Work
3-H Order appointing as additional
evaluator in S.S.L.C. Examination
- 21 -
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3-I Appointment Order to preach
about Department of Social
Welfare of Backward Classes
3-J Minutes of the teachers meeting
a/w signature of petitioner
3-K Achievement Letter issued by
K.P.S.P
K.C. Pradeep 4-A Attendance Register (2009 -2012)
Kumar
4-B Photocopies of petitioner's
T.S. Subbanna participation in activities of
Public High School, School.
Talakadu
4-C Minutes of meeting a/w signature
of petitioner
K.M. Jagadeesh 5-A Temporary Attendance Register
(August 2010 -December 2011)
T.S. Subbanna
Public High School, 5-B Receipt of Honorarium
Vaddagere
T.S. Subbanna 5-C Invigilator in S.S.L.C Examination
Public High School,
Kalale 5-D Authorization Letter of the
Headmaster affirming service as
T.S. Subbanna temporary teacher for various
Public High School, years
Hura
5-E Attendance certificate of
attending District education and
training center, chamarajanagar
5-F Photocopies of Participation in
School Programs
Smt. Sindhu. P 6-A Headmaster letter to prepare a
question paper
T.S. Subbanna
Public High School, 6-B Photocopies of Participation in
Poorigali School Programs
- 22 -
NC: 2025:KHC:7679
T.S. Subbanna
Public High School,
Talakadu
T.S. Subbanna
Public High School,
Tayuru
T.S. Subbanna
Public High School,
Poorigali
T.S. Subbanna
Public High School,
Hagara Mambhalli
Siddaraju. R. 8-A Achievement Letter
T.S. Subbanna 8-B Karnataka South Teachers
Public High School, Constituency Voters List
Poorigali
8-C Assessment Records of students
signed by petitioner
8-D Assessment Records of students
signed by petitioner
8-E Photocopies of Participation in
School Activities
Rachanayak 9-A Work Distribution Letter
T.S. Subbanna 9-B Photocopies of Participation in
Public High School, School Activities
Kagalwadi
T.S. Subbanna
Public High School,
Hura
Smt. 10-A Participation records with respect
Rukminiamma to School Activities
- 23 -
NC: 2025:KHC:7679
T.S. Subbanna 10-B Attendance certificate of
Public High School, attending District education and
Kagalwadi training center, chamarajanagar
Nandeesh Nayak. 12-A Headmaster's Letter to conduct
K.O. test/Exams
T.S. Subbanna
Public High School,
Poorigali
T.S. Subbanna
Public High School,
Talakadu
12-B Headmaster's letter to prepare
question paper
Manjunatha K.A. 13-A Annual Meetings Record Memo
book containing signature of
T.S. Subbanna Petitioner
Public High School,
Talakadu 13-B Incharge Memo
13-C Record of participation in physical
education teachers meeting and
sports events from 2013 to 2018
13-D Eligibility certificate given to
students for participation in sports
event signed by Petitioner
Smt. Manjula.R 11-A Students consolidated marks
sheet
T.S. Subbanna
Public High School, 11-B Record checked and signed by
Tayuru BRCT team of Narseepur Taluk
11-C Examination Question Paper
11-D Attendance Certificate
- 24 -
NC: 2025:KHC:7679
27. A perusal of the proceedings, copies of which
are filed in Court would indicate the material relied upon in
arriving at the conclusion at Annexure-'J'. Such findings
would amount to a finding on fact which cannot be differed
with in the present proceedings while giving due
weightage to the report at Annexure-'J' prepared by the
State Functionaries in light of a presumption that could be
raised as to its regularity.
28. The contents of the report at Annexure-'J' are
not seriously in dispute. The respondent Institution has
objected to allowing the writ insofar as request to make
good the financial loss to the petitioners. The basis of
opposition is that they are constrained by lack of resources
to meet the demands of payment to the petitioners on par
with regular employees. As noticed, it is pleaded that the
fee charged in case of Aided Institutions is regulated by
the Rules and the Institution cannot raise resources
- 25 -
NC: 2025:KHC:7679
through higher fees than prescribed nor can donations be
accepted.
29. In an identical factual matrix concerned with
Teachers appointed on temporary basis by privately
managed Degree Colleges receiving aid from the
Government, litigation initiated before the High Court
culminated before the Apex Court in the order passed in
the case of Karnataka State Private College Stop-gap
Lecturers Association v. State of Karnataka and
Others2 [Stop-gap Lecturers Association]. In the
aforesaid case, the Apex Court was considering the case of
Teachers who were temporarily appointed for three
months by the Management which was receiving grant-in-
aid and who had sought for regularization of their services.
It was contended that the Management had assured their
regularization due to long continuance of service.
30. The Apex Court in the aforesaid decision has
detailed the problems of the appointing Authority
(1992) 2 SCC 29
- 26 -
NC: 2025:KHC:7679
deliberately trying to accommodate particular candidates
for extraneous reasons by misusing the regular procedure
provided for recruitment. The Court had observed that
Rules were defective and necessary provision was required
to be made to effectively deal with such situation noticing
that no such Rule was enacted to take care of the lacuna
noticed. The Apex Court has lamented on the exploitation
of employees. Accordingly, following observations were
made at paras-5 and 6 which are of relevance to the
present case and are extracted hereinbelow:-
"5. Another obnoxious part is the
emoluments that have been paid to the
temporary teachers. The order provides that
the teacher shall be paid a fixed salary which is
ten rupees less than the minimum payable to
regular employee. This method of payment is
again beyond comprehension. An appointment
may be temporary or permanent but the nature
of work being same and the temporary
appointment may be due to exigency of service,
non-availability of permanent vacancy or as
stopgap arrangement till the regular selection is
completed, yet there can be no justification for
- 27 -
NC: 2025:KHC:7679
paying a teacher, so appointed, a fixed salary
by adopting a different method of payment
than a regular teacher. Fixation of such
emoluments is arbitrary and violative of Article
14 of the Constitution. The evil inherent in it is
that apart from the teachers being at the beck
and call of the management are in danger of
being exploited as has been done by the
management committees of State of Karnataka
who utilised the services of these teachers for 8
to 10 years by paying a meagre salary when
probably during this period if they would have
been paid according to the salary payable to a
regular teacher they would have been getting
much more. Payment of nearly eight months'
salary, by resorting to clause 5, and, that too
fixed amount, for the same job which is
performed by regular teachers is unfair and
unjust. A temporary or ad hoc employee may
not have a claim to become permanent without
facing selection or being absorbed in
accordance with rules but no discrimination can
be made for same job on basis of method of
recruitment. Such injustice is abhorrent to the
constitutional scheme.
- 28 -
NC: 2025:KHC:7679
6. While deprecating direction by the
government to break service for a day or two
and paying fixed salary to temporary
employees we must condemn the practice of
management of not making regular selection
utmost within six months of occurrence of
vacancy. Nor the helplessness of government
can be appreciated as expressed in the counter-
affidavit that despite orders the management
continued with it. If the government could not
take effective measure either by superseding
the management or stopping grants-in-aid then
either it was working under pressure from
management of the private aided institutions or
it was itself interested in continuing such
unfortunate state of affairs. In either case the
equities have been created because of doings of
State itself, therefore, it should resolve it. One
such method was adopted by the High Court in
individual petitions filed by the teachers by
directing the Director of Education to hold
selection. In pursuance of it some of the
teachers have been regularised. But substantial
number still remain due to State's going back
on its agreement before the Court by creating
obstacles in implementation of the order. Many
- 29 -
NC: 2025:KHC:7679
of them who have faced selection and have
secured higher marks and are in zone of
selection are being denied the benefit because
it is claimed that such regularisation would be
contrary to reservation policy of the State. The
policy is under challenge in another proceedings
in the Court. Without entering into validity of
the policy which according to petitioner results
in cent per cent reservation we are of opinion
that such practice should be put an end to,
therefore, following directions are necessary to
be issued:
(1) Provision in clause 5 of one
day's break in service is struck down
as ultra vires.
(2) Orders for payment of fixed
salary to temporary teachers is
declared invalid. But it shall operate
prospectively. A teacher appointed
temporarily shall be paid the salary
that is admissible to any teacher
appointed regularly.
(3) Any teacher appointed
temporarily shall be continued till
the purpose for which he has been
appointed exhausts or if it is in
- 30 -
NC: 2025:KHC:7679
waiting of regular selection then till
such selection is made.
(4) Managements shall take
steps, whenever necessary, to fill up
permanent vacancies in accordance
with rules. Delay in filling up the
vacancies shall not entitle the
management or Director to
terminate the services of temporary
teachers except for adequate
reasons. But it shall entitle the
government to take such steps
including supersession of
management or stopping grants-in-
aid if permitted under law to compel
the institutions to comply with the
rules."
31. While the Apex Court in Stop-gap Lecturers
Association (supra), eventually directed the services of
such temporary staff ought not to be terminated, that they
were required to be absorbed as and when regular
vacancies arise, that additional posts shall be created to
accommodate such selected candidates. Further, the relief
- 31 -
NC: 2025:KHC:7679
granted which would be of relevance in the present matter
was "7. ... (4). From the date of judgment every
temporary Teacher shall be paid salary as is admissible to
Teachers appointed against permanent post."
32. In the present case, as already observed, the
petitioners have given up their claim for regularization and
restricted to compensating them for financial prejudice
caused in light of long service at meager pay of Rs.500/-
per month.
33. It is to be noticed that the right under Article 23
(1) of the Constitution of India reads as follows:-
"23. Prohibition of traffic in human beings and
forced labour.--(1) Traffic in human beings and begar and
other similar forms of forced labour are prohibited and any
contravention of this provision shall be an offence punishable
in accordance with law."
34. As laid down by the Apex Court in People's
Union for Democratic Rights and Others v. Union of
- 32 -
NC: 2025:KHC:7679
India and Others3 [PUDR] at para-12 it is observed as
follows:-
"12. ...The prohibition against "traffic in human
beings and begar and other similar forms of forced labour" is
clearly intended to be a general prohibition, total in its effect
and all pervasive in its range and it is enforceable not only
against the State but also against any other person indulging
in any such practice."
35. The Apex Court in PUDR (supra) has enlarged
the scope of prohibition of forced labour under Article 23
of Constitution not only to circumstances where no
remuneration has been paid but also where forced labour
is resorted to whether remunerated or not. The further
observations of the Apex Court are as follows:-
"14. Now the next question that arises for
consideration is whether there is any breach of Article 23
when a person provides labour or service to the State or
to any other person and is paid less than the minimum
wage for it. It is obvious that ordinarily no one would
willingly supply labour or service to another for less than
the minimum wage, when he knows that under the law
he is entitled to get minimum wage for the labour or
service provided by him. It may therefore be legitimately
presumed that when a person provides labour or service
to another against receipt of remuneration which is less
than the minimum wage, he is acting under the force of
(1982) 3 SCC 235
- 33 -
NC: 2025:KHC:7679
some compulsion which drives him to work though he is
paid less than what he is entitled under law to receive..."
36. Keeping such observations in mind, in the
present case admittedly, the petitioners have worked
continuously for various lengths of time as evidenced from
the proceedings at Annexure-J. The fact that they have
been working with the hope of their posts being admitted
to grant-n-aid is evidenced from the statements. In terms
of Annexure-J, the petitioners are stated to have worked
in the respondent - Institution as follows:
NAME OF PETITIONER NAME OF INSTITUTION DURATION OF SERVICE
K.R. Vishwanath T.S. Subbanna Public High 2005-2011
School, Poorigali
T.S. Subbanna Public High 2011-2015
School, Vidyaranyapuram
T.S. Subbanna Public High 2015-2018
School, Chamundibetta
Shivakumar K.M. T.S. Subbanna Public High 02/01/2006 - June 2014
School, Kagalavadi
T.S. Subbanna Public High 2014 - 06/14/2016
School, Poorigali
T.S. Subbanna Public High June 2016 - 15/08/2018
School, Mamballi
- 34 -
NC: 2025:KHC:7679
S. Manjegowda T.S. Subbanna Public High 05/06/2008 - 18/08/2018
School, Kyatanahalli
K.C. Pradeep T.S. Subbanna Public High 08/08/2009 - 31/07/2018
Kumar School, Talakadu
K.M. Jagadeesh T.S. Subbanna Public High 10/06/2010 - 11/11/2012 &
School, Vaddagere 01/06/2013 - 10/08/2018
T.S. Subbanna Public High 12/11/2012 - 09/01/2013
School, Kalale
T.S. Subbanna Public High 10/01/2013 - 14/04/2013
School, Hura
Smt. Sindhu. P T.S. Subbanna Public High 14/02/2012 - January 2013 &
School, Poorigali June 2013 - April 2014
& 01.06.2016 - 08.08.2018
T.S. Subbanna Public High February 2013 - April 2013
School,
Talakadu
T.S. Subbanna Public High November 2014 - 31.03.2015
School,
Tayuru
T.S. Subbanna Public High 12/07/2015 - 31.03.2016
School, Hagara Mambhalli
Siddaraju. R. T.S. Subbanna Public High 01/07/2013 - 30/08/2018
School, Poorigali
Rachanayak T.S. Subbanna Public High 24/09/2013 - June, 2014
School,
Kagalwadi
T.S. Subbanna Public High July, 2014 - August, 2018
School,
Hura
- 35 -
NC: 2025:KHC:7679
Smt. Rukminiamma T.S. Subbanna Public High 26/09/2016 - 08/08/2018
School,
Kagalwadi
Nandeesh Nayak. T.S. Subbanna Public High 15/07/2014 - 10/07/2018
K.O. School, Poorigali
T.S. Subbanna Public High 10/07/2018 - 21/08/2018
School,
Talakadu
Manjunatha K.A. T.S. Subbanna Public High 17/07/2013 - 15/08/2018
School,
Talakadu
Smt. Manjula.R T.S. Subbanna Public High 25/08/2012 - 31/03/2018
School,
Tayuru
37. In light of the law enunciated in the PUDR
(supra), labour rendered without free will at meager
wages with an expectation that their posts would be
admitted to grant-in-aid would fall squarely in the ambit of
forced labour contemplated under Article 23 of the
Constitution of India.
38. Insofar as the compensation to the petitioners
for work rendered at Rs.500/- per month which is below
the minimum wage fixed, the petitioners are entitled for
compensation without reference to the financial position of
the respondent Institution. When violation of rights
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conferred under Article 23 of Constitution is established,
the financial stringency cannot be a consideration to tie
the hands of the Court from directing the Institution to
compensate the petitioners adequately. In this context the
observations of the Apex Court in Kapila Hingorani v.
State of Bihar4 is of relevance and are hereunder:-
"65. Financial stringency may not be a ground for
not issuing requisite directions when a question of
violation of fundamental right arises. This Court has
been highlighting this aspect in the matters concerning
fundamental rights and maintenance of ecology.
[See Rural Litigation and Entitlement Kendra v. State
of U.P. [1986 Supp SCC 517 : AIR 1987 SC 359]
, Municipal Council, Ratlam v. Vardichan [(1980) 4
SCC 162 : 1980 SCC (Cri) 933] and B.L. Wadehra
(Dr) v. Union of India [(1996) 2 SCC 594 : AIR 1996
SC 2969] .] In All India Imam Organization v. Union of
India [(1993) 3 SCC 584] this Court held: (SCC p.
589, para 6)
6. ... Much was argued on behalf of the
Union and the wakf boards that their
financial position was not such that they can
meet the obligations of paying the imams as
(2003) 6 SCC 1
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they are being paid in the State of Punjab.
It was also urged that the number of
mosques is so large that it would entail
heavy expenditure which the boards of
different States would not be able to bear.
We do not find any correlation between the
two. Financial difficulties of the institution
cannot be above fundamental right of a
citizen......."
39. Accordingly, the relief is to be moulded by
directing the respondent No.1 i.e., the Institution to pay to
the petitioners the wages on par with the minimum of Pay
Scale of regularly engaged employees holding the post
admitted to grant-in-aid, for the period of work as found in
the proceedings at Annexure-J which has been elicited in
the Table supra at Paragraph No.36. Such direction is
issued taking note of the law laid down by the Apex Court
in State of Punjab and others v. Jagjit Singh and
others5, while dealing with the payment of employees on
the principle of "Equal Pay for Equal Work."
(2017) 1 SCC 148
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40. Respondent No.1 is to make payment as
directed in Paragraph No.39 for the period that they have
worked as determined in the proceedings at Annexure-J
within a period of three months from today.
In light of the discussion made hereinabove, the writ
petition is disposed off.
Sd/-
(S SUNIL DUTT YADAV)
JUDGE
VGR/VP
