A. Raghuvir, C.J.- This writ petition is by five persons. These five persons were engaged off and on in the past three years by the Administrative Officer of the Assam Engineering College at Jalukbari as daily rated workman. The petitioners seek a direction to the Director of Technical Education, the State of Assam, the Secretary to the Government of Assam, Education Department, the Principal, Assam Engineering College and the Administrative Officer, Assam Engineering College declaring the five persons as regular Class IV employees of the Engineering College. The petitioners were engaged from the years shown against each of them- (l)Kamala Kama Das- 1982, (2) Kamal Das - 1979, (3) Nareswar Kalita - 1981, (l) Sukleswar Das - 1986" and (5) Jyotish Chandra Das - 1987. They allege to have been paid daily wage first @ Rs. 12/-, then Rs. 17/- and thereafter Rs. 19.45 per day. Their complaint is though the Government enhanced the rate of unskilled person twice during the above period once to Rs. 25/- and an other time to Rs. 27/- per day the five petitioners were not paid at that rate by the Engineering College authorities. The petitioner No. 1 read upto Class VIII. He was initially engaged at the rate of Rs. 12/- per day. Thereafter he was registered in the local Employment Exchange with Registration Number 3942/83 which was later changed to 3961/83. After registration in the Employment Exchange his name was entered in the muster roll of casual labour. He worked as attendant of the hostels of the Engineering College initially @ Rs. 12/- per day later @ Rs. 17/-and Rs. 19.45 per day. He worked as Grade IV staff some times doing the job of cook from 1983 upto 1985 and at other times he attended other sundry errands. Such engagements were offered to him for one month and at times for three months. These periodic engagements were interrupted by break-in-service for a day or two. The petitioner No. 1 alleged he rendered service to the College for days without any remuneration. Till September, 1987 he was paid Rs. 12/- per day as a muster roll labour. During the period October, 1987 and March, 1988 he was paid Rs. 17/-per day as daily wage. Thereafter the practice of payments varied and records of attendance were changed.
The petitioner No. 1 alleged he rendered service to the College for days without any remuneration. Till September, 1987 he was paid Rs. 12/- per day as a muster roll labour. During the period October, 1987 and March, 1988 he was paid Rs. 17/-per day as daily wage. Thereafter the practice of payments varied and records of attendance were changed. In a month of 30 or 31 days he alleged when he worked for all the days in a month he was paid for 28 cays @ Rs. 19.45 per day totalling Rs.545/-. The other four petitioners were similarly engaged. They are also unskilled persons. Petitioner No. 2 read upto Class IV. Petitioner Nos. 3, 4 and 5 read upto Class VI. All the four registered in the local Employment Exchange. Their Registration Numbers respectively are 2116/86, 199/84, 2245/86 and 1974/86. When notice for selection was notified by the Engineering College they appeared for interview. But their services were not regularised. The five appeared on the selection of 1986, 1987, 1988, 1989 and 1990. Their complaint is after the interview no list was ever published of successful candidates. They were never informed about the result of the selection. Their case is a Grade IV staff working as cook gets a scale of pay Rs. 370-5-420-490 P M and the petitioners rendered similar service to the College. Their prayer is to treat them as Grade IV staff and pay them the salary as other Grade IV staff are paid. This Court on April 3rd, 1990 passed an interim order directing the respondent Nos. 4 and 5 not to disturb the services of the petitioners and to pay wages @ Rs. 27/- per day (unskilled workman). By another order passed on June 14,1990 this Court again directed the Administrative Officer to pay the arrears of wages to the petitioners from April 12, 1990 within a period of 10 days. In opposition to the writ petition the Principal of the Assam Engineering College explained - the College employs Office Peons, Laboratory Peons, Workshop Jogalies, Day and Night Chowkidars, Sweepers, Malies, Hostel Peons, Hostel Sweepers and Hostel Cook-cum-servants. For appointment in tae Engineering College a candidate must be a citizen of the country. He should be able to read and write. He should be found suitable for the nature of work. He should bear good character.
For appointment in tae Engineering College a candidate must be a citizen of the country. He should be able to read and write. He should be found suitable for the nature of work. He should bear good character. The candidates whenever they are appointed regularly the candidates are screened at first by a written test later by viva voce. The candidates of Scheduled Caste/Scheduled Tribe are appointed in the quota reserved for them. In the case of sweepers literacy test is not insisted. The Administrative Officer averred about the service particulars of the petitioners. Petitioner No. 1 was engaged in mess duty. He was given free food from the students' mess. He was paid for the days he worked till February - March 1990 @ Rs. 19.45 per day. A card is issued to employees to ensure proper attendance of duties. The 28 days unit ii for calculation and estimation of wage and it is not true that 28 days' wage was paid though services was utilised for 30 or 31 days. In view of the free food and lodging the payment of either Rs. 14/-or Rs. 17/-or Rs, 19.4 5 per day' was not unreasonable. The petitioners were paid @ Rs. 27/- per day with effect from April 12, 1990 pursuant to the order of this Court. Finally be averred the "College cannot provide employment to all and sundry who live around the college campus and seek job". The Superintendent of the Office of the Principal gave out particulars from the attendance registers maintained by the Engineering College. Those details are found (in Annexure 1) would show Kamala Kanta Das has been working from January 4, 1986 upto January 30, 1988;Kamala Das (Girls' Hostel- from November 3,1986 to March 31, 1988; Nareswar Kalita - from April 1, 1986 upto June 30, 1988; Sukleswar Das - from July 1,1987 to June 30, and Jyotish Chandra Das (Girls' Hostel) - from April 1, 1988 to June 30,1988. The above details show Kamala Kanta Das - from August 30,1988 upto June 30, 1990-, Kamala Das from July 21, 1988 upto June 30, 1990; Nareswar Kalita - from August 28, 1988 upto June 30,1990; Sukleswar Das - from July 1, 1988 to June 30, 1990 and Jyotish Das-from July 21,198810 June 30, 1990. The five petitioners are working upto June 30, 1990.
The five petitioners are working upto June 30, 1990. They were working either in the girls' hostel as attendant or they have been entrusted with ancillary duties. Learned counsel for the petitioners cited five cases in support of the petition so that in the instant case considering the facts and circumstances relevant to each individual, appropriate directions or orders may be passed directing the Administrative Officer of the Engineering College to appoint the petitioners as Class IV employee of the Engineering College. In the first case (^1985) 2 SCC 648, Inder Pal Yadav & others vs. Union of India & others, the Supreme Court considered the principle of hire and fire policy adopted in the entire country by the entrepreneurs, State Governments and the Union of India and expressed concern at the violations of the constitutional provisions. The modes adopted by these authorities it was commented was reminiscent of laissez faire policy of by gone era. The adoption of such measures was harming the country as persons who were appointed on daily wages have no weekly off day, they have no security of service, they have no protection of pay. The equality rights of these workmen is being violated. They are at the mercy of the satraps who hire and fire as they like. This case related to Railway casual labourer. The Railway Rules in this regard were-juxtaposed with the Article 14 of the Constitution. The rights of employees under section 25 (g) of the Industrial Disputes Act, 1947 were considered. The Supreme Court offered a scheme to be adopted so that the plight of the workmen in the Railway could be alleviated under the scheme. The second case is that of (1985) 4 SCC 43 , Rattan Lai vs. State of Haryana. This is a case from the State of Haryana. The vacancies in the Education Department of the State were allowed to remain vacant for three four years and at the same time teachers were appointed on ad-hoc basis for years. The indifference exhibited thus by the State resulted in what is called adhocism. The teachers appointed on ad-hoc; manner were not allowed summer vacation, no seasonal holidays, no casual leave.
The indifference exhibited thus by the State resulted in what is called adhocism. The teachers appointed on ad-hoc; manner were not allowed summer vacation, no seasonal holidays, no casual leave. No medical facilities were offered to them and no medical leave was given to them, no maternity was allowed to them and what was followed by the Haryana Government was stated to be a hire and fire policy which it was stated added misery to those who were appointed. It was added such methods resulted in Government exploiting the unfortunate persons. What was described as adhocism resulted in violation of Articles 14 and 16 of the Constitution. In the result it was shown in the Education Department of Haryana State teachers did not get any security by the fictional breaks made from time to time. All teachers were ordered to be regularised. The next case was that of daily rated works who were sometimes referred as casual labour. The case is (1986) 1 SCC 637 , Dhirendra Chamoli & another. In this case the employer prescribed the Rules yet appointed persons on daily wage basis. In defence a plea was raised that it wais open for these who were employed on daily wage basis not to accept such employment, the Supreme Court rejected such an extravagant argument that those who accepted such employment had no option as otherwise they were to starve. When casual labour in the concerned department were appointed in such a manner it resulted in the exploitation of persons. Their rights were violate under Article 14. The Government it was exhorted not to exploit the persons appointed in such a manner. The employer in this case was Nehru Yuvak Kendra, Dehradun, recruited persons under the aegis of the Central Government. Finally the Court ordered to regularise the service of the aggrieved employees as Class IV. In the last of the cases AIR 1987 SC 2342 daily rated casual labour employed in the Posts & Telegraph Department. In that department the casual labour was divided in three categories-unskilled, semi-skilled and skilled. The unskilled labour consisted of safai workers, helpers, peon etc. and were engaged in digging, carrying loads and other similar types of work. The semi-skilled labour consisted of carpenters, wiremen, draftsmen, A. C. mechanics etc. who had technical experience but did not hold any degree diploma.
In that department the casual labour was divided in three categories-unskilled, semi-skilled and skilled. The unskilled labour consisted of safai workers, helpers, peon etc. and were engaged in digging, carrying loads and other similar types of work. The semi-skilled labour consisted of carpenters, wiremen, draftsmen, A. C. mechanics etc. who had technical experience but did not hold any degree diploma. The skilled labour consisted of labour doing technical work, equipped with degrees and diplomas. In considering this case the terms of International Covenant of Economic, Social and Cultural Rights (1966) were referred and stated that the Republic of India subscribed to the covenant and promised fair and equal pay for equal work. Article 38 of Directive Principles of the Constitution was referred. The Government it was stated was in a position of dominant employer therefore exploited the labour. The Central Government instead of turning out to be a model employer was exploiting the unfortunate and not paying the minimum wages. The classification of casual labour who have not completed 720 days of service, those who "have completed 720 days of service and not completed 1200 days of service and those who have completed more than 1200 days of service," these classified labour were treated differently from the regular employees. The workmen it was held were deprived of security of work "if he does not have the feeling that he belongs to an organisation engaged in production he will not put forward his best effort to produce more." That sense of belonging arises only when he feels that he will-not be turned out of employment the next day at the whim of the management. It was stated workers were allowed to remain idle whereas there were numerous typ*s of work such as road making, railway construction, house building, irrigation projects, communications to be undertaken in the country. Finally nearer home we come to the case (1987) 2 Gauhati Law Reports 240, Dwijen Chandra Choudhury vs. State of Assam, where the Additional Director of Health Services of the State of Assam temporarily appointed some for three months and others without any duration. The services of such peon were extended from time to time 'ill such time they were terminated from service.
The services of such peon were extended from time to time 'ill such time they were terminated from service. When it was argued on behalf of the Government that these persons were picked up for appointment without any test therefore the Government terminated the appointment of such persons, this Court held there was no justification in sued termination. This Court gave a declaration that the writ petitioners were deemed to be continued. The State Government was ordered to conduct tests or interview for regularisation of their appointments. Having regard to the observations of the Supreme Court the authorities of the Engineering College have argued little to take note of. In the earlier part of the judgment we have referred to the service particulars how the five petitioners were appointed. As to payment of wage there some variation in what the petitioners have stated and what the Administrative Officer of the Engineering College has averred in his affidavit. Following the case of the Posts & Telegraphs Department, AIR 1987 SC 2342 where the Supreme Court ordered all who worked for one year as casual workers to be regularised. We have inquired as to the character of all the five petitioners. The five petitioners were shown to bear good character. When the instant five petitioners were terminated they were working for more than three years as per the particulars furnished I by the Superintendent of the Engineering College. Therefore, as in I the case of Haryana teachers the petitioners are to be regularised. The Administrative Officer of the Engineering College is ordered to absorb all the five persons as Grade IV employees of the College. Having regard to the circumstances was order that these five persons may be absorbed in the Assam Engineering College in Grade IV in the scale of Rs. 70-5-420-7-490 per month. This writ petition is allowed as indicated above. There will be no order as to costs.