Karnataka HC orders regularisation of BBMP contractual teachers hired through outsourcing agency 25 years ago

Petitioners Raghavendra V and others have been contractual teachers for the last 25 years. The Government denied their plea for regularisation on the sole ground that they were employed through an outsourcing agency that had entered into an agreement with the BBMP, and not directly employed by the corporation, meaning they were not entitled to regularisation of service.

The petitioners further contended that mere labelling of employment is not a decisive factor, especially when the work is perennial in nature, and that the BBMP is a constitutional employer, not a mere market participant.

The court noted that the material on record clearly indicates that petitioners have been working as teachers in nursery, pre-primary, primary and high schools run by the BBMP.

“Merely because the petitioners were appointed as teachers through respondent No.4, outsourcing agency, it cannot be said that the services of the petitioners cannot be regularised and the impugned order deserves to be quashed.”

The court directed the Government to pass an order for the regularisation of service within three months.