follows:-
2.1 That the respondent workmen were working as
Badli workers in Dyeing Department of the
petitioner company. That as per the settlement
arrived ... respondent
workmen accepted the said amount and voluntarily
retired as a Badli workers from the services of
the petitioner company.
2.2 That, thereafter, the respondent
conditions of services and the procedure of
appointment of Badlis i.e., Badli worker has held that the Badli
workers have no legal right ... from the list of Badli Conductors. The Apex
Court has settled the law about the status of the Badli worker
and his protection under
claim as permanent worker was lost. The claim of the
management is that as the said worker was a 'Badli worker' there ... designation of 'badli worker'
which that worker got as a result of punishment and the designation of 'badli
worker' by virtue
respondent being a badli worker in the badli list
and not a permanent workman, is not entitled
for any reliefs.
5.2. The entire matter came ... Apex Court while dealing with the
status of badli workers has categorically held
that badli worker cannot be better than a
probationer and as such
petitioner GSRTC before the Tribunal that the workman was
working as badli worker to meet with the exigencies.
Considering the seniority and the vacancy which ... disputed that
the petitioner was appointed as "Badli Worker"
and he has never raised the dispute with regard
to placing
petitioner afresh, but not as
a permanent employee, rather as a Badli Worker, in time category in the initial basic
scale. There was a condition ... relief, as there is no scheme for compassionate
appointment for Badli Workers, who are temporary.
-2-
4. After going through the writ application, I find
opted for Voluntary Retirement Scheme (VRS) in May
2007 as a Badli worker, in pursuance of which certain
payments were made.
3. The grievance ... month of
September 1997 and the petitioner being taken as a
Badli worker on 27.06.1999 in Mysore Cements
Limited, the services rendered in Mysore Cements
irregularities pointed out in the
charge memo have taken place by Badli Worker, whom he
engaged while he was away from duty to attend ... pointed out in the charge memo have taken place by the Badli
Worker whom the applicant had engaged when he was away from
duty
show as to how the appellant
could be treated as a badli worker and as to whose place he
occupied during the days he worked ... rotation basis
and the case that the appellant is a badli worker, have to be
characterised as unfair labour practice. The Fifth Schedule
rotation basis and the case that
the appellant is a badli worker, have to be
characterised as unfair labour practice. The Fifth
Schedule ... Item 10 reads as follows:
To employ workmen as 'badlis', casuals or
temporaries and to continue them as such for years,
with
