Karnataka High Court relief for daily wage workers
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It says govt. can not curtail the 100% DA and 30 days earned depart that the workers are entitled to
The actions of the State authorities in curbing, via Government Orders and circulars, the advantages of Dearness Allowance (DA) and earned depart out there to staff coated underneath the Karnataka Daily Wage Employees Welfare Act, 2012, quantity to “tail wagging the dog and not the dog wagging the tail”, mentioned the High Court of Karnataka.
The court docket declared that daily wage staff who’re coated underneath the Act have been entitled to DA at 100%, as is admissible to common authorities staff, and to the earned depart good thing about 30 days yearly, as per the Act.
“The soul of the Act being the grant of a better wage and social security on cessation of long public service to a daily wage employee, cannot be reduced to a rope of sand,” the court docket noticed.
Justice M. Nagaprasanna delivered the decision whereas disposing of petitions, filed on behalf of a number of daily wage staff, by the federation of all staff appointed underneath the provisions of the Karnataka Daily Wage Employees Welfare Act.
On govt. actions
The Act, which treats the staff coated underneath it “on a par with government employees” on advantages equivalent to pay and depart, “cannot be rendered illusory by the subsequent actions of the government either in issuing Government Orders contrary to the Act or amending the rules…,” the court docket mentioned. “It is trite that administrative instructions in the form of official memoranda/circular/Government Order cannot run counter to the Act or in effect control the Act. This, if permitted, would amount to tail wagging the dog and not the dog wagging the tail.”
The court docket declared that the Government Order concernd on January 10, 2020, limiting DA to 90% of the admissible DA, and the round issued on July 12, 2017, discontinuing the earned depart of 30 days and regarding recovering the depart encashment allowed up to now to daily wage staff, stand obliterated of their worth as they run counter to the Act.
Also, the court docket held that daily wage staff have been additionally entitled to cost of ex gratia when it comes to the Act as decided by the federal government occasionally.
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