If the appointment is made without clear vacancy the services by the workers will not be regularised

Yugashree | School of Law Sastra University, Thanjavur | 3^rd May 2020

Chaman Lal & Ors vs State Of J&K And Ors

                   To quash Order issued by Chief Engineer, Public Health Engineering Department, Jammu by filing a writ petition. The case of petitioners herein for regularization of their services came to be rejected and to release the unpaid wages.

Facts:

• The petitioners, seventeen in number and belonging to District Kathua, came to be engaged as Daily Rated Labourers in Civil as well as Mechanical Divisions of PHE, Kathua between the period October 1994 to January 2000 and since then they have been discharging their duties, which has also been certified and authenticated by the respondents themselves in the year 2005.
• It is averred that the petitioners during all these years made a number of representations to the respondents for regularization of their services and when nothing fruitful came out, they filed SWP. The said writ petition was filed by as many as including the petitioners herein, which came to be disposed of on with a direction to the respondents to accord consideration to the petitioner’s case for regularization in the light of averments made in the petition.

Petitioners Submission:

• Respondent did not consider the case of petitioners in an effective and bonafide manner nor respondent No.2 while passing the impugned order had taken into consideration that the petitioners have been working since the dates of their respective engagements without any break in service. Thus, the action of respondents is per se illegal and arbitrary.
• State Government from time to time has framed various policies for regularization of daily rated workers but the benefit of said policies has not been extended to the petitioners herein, more particularly when the petitioners have already rendered more than qualified service, thus are entitled for regularization of their services and respondents have also not paid the petitioners their legitimate wages.

Respondents Submissions:

• The petitioners were engaged for a specific period and work. It is further averred that at present the petitioners are not working in the department and have left the department on their own. The wages in respect of petitioners were calculated on individual basis and were deposited before this Court in the form of cheque, as such the claim of petitioners do not sustain for any monetary benefit.

Decision:

The court did not find any merit in the writ petition and the same is, accordingly, dismissed. However, respondents are directed to release the unpaid wages, if any due in respect of any of the petitioners, within a period of four weeks from today. Registrar (Judicial) is also directed to release the wages in favour of petitioners as per their entitlement after proper verification and identification.