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1992 DIGILAW 38 (RAJ)

C. A. C. Workshop Evam Store Workshop Welfare Committee v. State of Rajasthan

1992-01-10

S.N.BHARGAVA

body1992
JUDGMENT 1. 1. As per the facts mentioned in the memo of writ petition work charge employees who had completed more than ten years service on various posts have formed the petitioner Association. The petitioner submitted several representations, from time to time, to the State Government for getting their services regularised and also to grant permanent status to its members and for grant of allowances admissible to the regular employees but with no result. This court in Rajasthan State Electric Workers' Union, PWD, Jaipur and others v. The State of Rajasthan, 1989 (1) RLR 609 , has held that the workcharge employees who had completed ten years' service are entitled to be made permanent and if necessary orders in this regard are not passed conferring permanent status, they shall be deemed to be holding such permanent status. The State Government was further directed to pay other allowance similar to permanent employees. It had further been observed that the judgment shall also apply to all such employees who have not been party to that writ petition. In spite of the above judgment, which was a judgment in rem, necessary orders have not been passed by the government. As per the Workcharge Employees' Service Rules, 1964 under Rule 3, it has been provided that the employees in continuous service for two years or more shall be eligible for the status of semi permanent workcharge employee and the employees who have been in service for last ten years or more shall be eligible for the status of permanent workcharge employees provided in both the cases their record of service is satisfactory. In spite of clear provisions of the Rules and the decision of this Court, no orders were passed and therefore, a notice dated 9.2.1990 for demand of justice was submitted by the petitioner on 12.2.90 but with no result and it fell into the deaf ears. Hence, the present writ petition has been filed on 2.4.1990. Notices were issued to show cause on 23.5.90 as to why the writ petition be not admitted and disposed of. A reply has been filed by the State Government on 25.8.1990 where it has been submitted that the petitioner is not a registered body or affiliated to any trade union. It has further been submitted that the respondent No. 2 Supdtg. A reply has been filed by the State Government on 25.8.1990 where it has been submitted that the petitioner is not a registered body or affiliated to any trade union. It has further been submitted that the respondent No. 2 Supdtg. Engineer, C.A. A. Irrigation Circle, Chambal, Kota was not a party to the writ petition No. 2973/1988. It has further been submitted that the cases of the workcharge employees are being scrutinised for the purpose of conferring permanent status on them and there is no question of any hostile discrimination. 2. A rejoinder has also been filed on behalf of the petitioner on 8.1.1991 and strangely enough the State Government has also replied to the said rejoinder on 8.2.1991 wherein they have again asserted that the petitioner being not a registered body is not entitled to file this writ petition. It has further been submitted that similar matter is pending in the Supreme Court. It has further been emphasised in the rejoinder that there is a proviso in Rule 3 which says that nothing in these Rules shall entitle any workcharge employee, categorised permanent or semi permanent to claim the status or benefit of permanency to which a regular Government employee is entitled under the Rajasthan Service Rules. 3. Record of the case has been perused. Arguments have been heard. Learned counsel for the petitioner has placed reliance on Akhil Bhartiya Shoshit Karmchari Sangh v. Union of India, AIR 1981 SC 298 wherein it has been held as under:- "A technical point is taken in the counter affidavit that the 1st petitioner is unrecognised association and that, therefore, the petition to that extent is not sustainable. It has to be over-ruled. Whether the petitioners belong to a recognised union or not, the fact remains that a large body of persons with grievance exists and they have approached this Court under Article 32. Our current processual jurisprudence is not of individualistic Anglo-Indian mould. It is broad based and people oriented, and envisions access to justice through 'class action', public interest litigation, and 'representative proceedings. Indeed little Indians in large numbers seeking remedies in courts through collective proceedings, instead of being driven to an expensive plurality of litigation, is an affirmation of participative justice in our democracy. It is broad based and people oriented, and envisions access to justice through 'class action', public interest litigation, and 'representative proceedings. Indeed little Indians in large numbers seeking remedies in courts through collective proceedings, instead of being driven to an expensive plurality of litigation, is an affirmation of participative justice in our democracy. We have no hesitation in holding that the narrow concept of 'cause of action' and 'persons aggrieved' and individual litigation is becoming obsolescent in some jurisdictions. It must fairly be stated that the learned Attorney General has taken no objection to a non-recognised association maintaining the writ petitions." The above authority has been relied by this court in All India Loco Running Staff Association Northern Railway v. Union of India and another, 1985 RLR 297 , wherein it has been held that an Association representing effected employees can maintain writ petition. 4. In view of the above authorities the preliminary objection that the writ petition is not maintainable, is over-ruled. 5. Learned Counsel for the petitioner has also placed reliance on Rajasthan State Electric Works' Union's case(supra) and Smt. Kamla v. State of Rajasthan, 1989 (1) RLR 653 , wherein this Court has held that the petitioner who has been serving for more than 12 years is entitled for regular salary including dearness allowance, equal to those who are regular employees, from the date of the filing of the writ petition. 6. Reliance has also been placed on a decision of the Supreme Court in Dharwad P. W. D. Employees' Association v. State of Karnataka, (1990) 2 SCC 396 , wherein after considering its numerous earlier decisions it has been reiterated that equal pay of equal work and providing security for service by regularising casual employment within a reasonable period have been unanimously accepted by the Supreme Court as a constitutional goal to our socialistic policy. What the Supreme Court has said by interpreting law on this subject would be binding on the instrumentalities of the State, be it of the Centre or the State, by virtue of Article 141. It has further been held that the precedents thus obliged the respondent State of Karnataka to regularise the services of the casual or daily/monthly rated employees and to make them the same payment as the regular employees are getting. 7. It has further been held that the precedents thus obliged the respondent State of Karnataka to regularise the services of the casual or daily/monthly rated employees and to make them the same payment as the regular employees are getting. 7. Therefore, after the authoritative pronouncement of the Supreme Court in the above case, this writ petition must be allowed. 8. In the result, this writ petition is allowed and the respondents are hereby directed to treat the members of the petitioner Association as mentioned in the Schedule annexed with the writ petition, as permanent employees and they should frame a scheme to regularise their services within a reasonable time. All of them will be entitled to the same pay and other allowances as the regular employees get, w.e.f. 2-4-1990, the date on which the writ petition was filed. Necessary orders should be passed within three months from the date of receipt of certified copy of this order and the arrears etc.should be paid within one month of the passing of that order. 9. Before parting with the case, I would like to observe that it is high time when the Government should come forward to award the status of permanent employee to all those who have completed ten years' service as casual or daily rated employees. Supreme Court as well as this court in a number of cases have emphasised in very strong words and therefore, there is no point in waiting for other employees to come to the court and obtain orders individually or collectively through their Association. This will also save a lot of multiplicity of litigation and save the courts to deal with such cases separately.Petition allowed. *******