The High Court of Karnataka has ordered issue of notice to the State government on a PIL petition questioning the extension of flexible hiring facility under the ‘fixed-term workmen’ (FTW) policy to all industries.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Ashok S. Kinagi passed the order on the petition, filed by Karnataka Industrial and Other Establishments’ Employees Federation.
While declining the plea of the petitioner to stay the operation of the amended order at this stage, the Bench said it would consider the plea after the government files its response.
The federation had questioned the legality of the notification, issued by the State government on June 30, making changes to the Karnataka Industrial Employment (Standing Orders) Rules, 1961, to expand the FTW facility to all industries. Earlier, it was available only for the apparel manufacturing sector in the State.
It was alleged in the petition that the changes were made unilaterally, without consulting labour unions amid the COVID-19 pandemic. According to the petitioners, the State government had called for responses way back in November 2019 and the unions had submitted their objections, but the order was then unilaterally notified without holding consultations.
Employment under the FTW category allows flexibility for industries to hire and fire employees easily. It is seen as more flexible than the contract system, as it enables industries to hire people when a necessary arises and terminate their services when the necessity ceases to exist.
