Housekeeping workmen should be considered as employees: Karnataka HC
Bengaluru (PTI): The High Court of Karnataka has held that housekeeping jobs are perennial in nature and the workmen should be considered as employees.
It ordered the restoration of services of several housekeeping workmen of the state-owned Mysore Electrical Industries Limited (MEIL).
In the year 2000, Shankar Nursery and Associated Detective & Security Services which had a contract with the company to supply these workmen terminated their contract and withdrew 66 workmen from work.
The matter reached conciliation proceedings and then the Labour Court.
In 2001, the HC stayed the Labour Court order of restoring the services and sent the matter back to the lower court.
In 2011, the Labour Court once again ordered that the workmen be restored to service. This was challenged by the company in the High Court. The HC judgment by Justice Suraj Govindaraj came on February 23, 2023.
The company claimed that housekeeping staff involved in gardening, loading and unloading were contract labourers who did a few hours of work in a day.
The HC rejected this contention and said, "These job profiles being ones whose services are required on a day to day basis, as also for months on end. I am of the considered opinion that these jobs are perennial in nature and therefore would not be temporary as contended."
The Court dismissed the contention of the company that the housekeeping workmen were contract labourers and upheld the order of the Labour Tribunal.
Justice Suraj Govindaraj in his judgment said, "The Tribunal has come to a right conclusion that the alleged agreement between the employer and the contractor is a sham and camouflage and the workers have been engaged for a long period of time and the instrumentality of contract workers has been used only to deprive them of their just amounts."
Ordering the restoration of the services of the workmen, the HC in its judgment said, "The workmen belonging to respondent-Union shall be treated as employees of the petitioner. Petitioner shall regularise their services subject to availability of vacancies and in the event of there being no vacancies, as and when the vacancies arise, the petitioner shall give preference to the members of the respondent-Union, if they are found suitable by relaxing the condition as to maximum age, as also academic qualifications."
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It's a huge surprise, they deserved on-field send-off: Kumble on Kohli, Rohit's Test retirements
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New Delhi (PTI): The "quiet" Test retirements of Virat Kohli and Rohit Sharma ahead of the tour of England came as a "huge surprise" to legendary spinner and former India captain Anil Kumble, who believes the two senior batters deserved an on-field farewell.
Kohli announced his retirement from Test cricket on Monday, bringing the curtains down on an illustrious red-ball career in which he played 123 matches, scoring 9,230 runs at an average of 46.85, including 30 centuries.
This was after Rohit decided to step away from the longest format last Thursday.
"It is a huge surprise. Two outstanding, great players retiring on the back of few days. I didn't see it coming. It has certainly caught me off guard. I thought he has a few more years left in him, especially at the Test level," Kumble said on Kohli on 'ESPNCricinfo'.
"He's playing only the ODI format now. No player leaves with any regret and I am sure he would have thought through this and ultimately it is the player's call."
Kumble, who ended as India's leading Test wicket-takers with 619 scalps, said players of such stature should have been given an opportunity to bow out in front of fans.
"It is a very quiet exit. Every player deserves to leave on his terms, but I think on the field. We spoke about this when R Ashwin retired as well, right in the middle of the series he announced his retirement and came back (to India from Australia).
"Right now, Rohit Sharma a few days ago and then Virat Kohli. I think all three of them deserved a proper send off on the field. I strongly believe people who matter need to address that. I know it is a social media age, yes the fans want to be there, there would have been plenty of fans and have a roaring send off.
India are scheduled to tour England for a five-match Test series starting June 20. Kumble said Kohli could have played a crucial role during the challenging assignment.
