THE Centre of Indian Trade Unions (CITU) submitted a memorandum to Karnataka chief minister S Siddaramaiah on August 22, regarding the Karnataka Scheduled Castes, Scheduled Tribes, and Other Backward Classes (Reservation of Appointments (Amendment) Act, 2024. While the CITU acknowledges the positive aspects of the amendment, which includes provisions for reservations for SC, ST, and OBC candidates in outsourced jobs within government departments and public sector undertakings (PSUs), it has expressed significant concerns over a specific proviso in the legislation. Clause 5 of the amendment includes a proviso that prohibits the regularisation of contractual employees currently filling regular positions. This restriction, the CITU argues, will only perpetuate the practice of contractorisation, particularly as there has been a notable lack of recruitment for regular jobs by the government, including those to address existing backlogs.

CITU's concern is that this proviso will effectively deny regular employment opportunities to contractual workers, including those from reserved categories who could otherwise benefit from the amendment. This situation, according to CITU, represents a fundamental social injustice. Contractual employees, despite performing work that is inherently regular and permanent, would be excluded from the right to regularisation. This not only affects workers from SC, ST, and OBC categories but also those from other groups.

The memorandum further underlines that the conditions of contractual employees are governed by the Contract Labour (Regulation & Abolition) Act of 1970 and the associated rules. In Karnataka, this is further regulated by state-specific rules established in 1974. The existing legal framework stipulates that contractual employees should not be employed in permanent or perennial positions, which are meant for regular employees. Moreover, contractual employees are entitled to equivalent wages and benefits for similar work, a provision that is not consistently enforced in state government services.

In light of these issues, CITU has urged the Karnataka government to amend the current Act by removing the proviso that bars regularisation. The union demands the conferral of permanent status to contractual employees and the provision of equitable wages and benefits for work of a permanent nature. This change, CITU argues, is essential to ensure fairness and propriety in employment practices, both in the public sector and private enterprises within the state.

CITU’s call to action seeks to rectify what it views as a critical oversight in the amendment Act, aiming to protect the rights of contractual workers and promote a fairer employment landscape in Karnataka