Research › Search › Judgment

Patna High Court · body

2004 DIGILAW 723 (PAT)

Dainik Baitan Bhogi Karmachari Sangh v. State Of Bihar

2004-07-21

NARAYAN ROY

body2004
Judgment Narayan Roy, J. 1. Learned counsel for the petitioner is directed to add the Chief Conservator of Forest, Begusarai Division, as respondent No. 6 in this application. 2. Heard Counsel for the parties. 3. The petitioner by this writ application has prayed for issuance of direction upon the respondents to make payment of salary/wages of its members, numbering 94, who are working under the respondents since long. 4. It is submitted by learned counsel for the petitioner that 94 persons, who are members of the petitioner, were engaged to work on daily wages since 1980 and this fact would be manifest from annexure 1 and necessary salaries/wages were paid to them for some time and after 1.994 they have not been paid their salaries/ wages, and they are continuing to work on daily wages under the respondents till date. In this connection, learned counsel has also referred to annexure 9 and it is stated that it is manifest from annexure 9 that a panel of daily rated workers including the members of the petitioner was prepared on 18.4.1995 and they are on the roll of the respondents till date and works are being taken from them, but without any wages. 5. In the counter affidavit filed on behalf of the respondents, it is stated that Dainik Majdoors were engaged for execution of sanctioned scheme, if and when required and after completion of the scheme such Majdoors are not engaged and, thus, the work rendered by them is not perennial in nature nor it can be said to be permanent engagement. 6. From the facts, as alleged in the writ application vis-a-vis in the counter affidavit, it appears that the respondents used to engage persons on daily wages for plantation work and also to nurture the plants and admittedly, the petitioners were engaged to work vide annexure 1 on different dates with effect from 1980 onwards. From annexure 9, it is manifest that the panel of the daily wagers was prepared some time in the year 1995. 7. From the facts, as referred to above, it appears that daily rated workers were engaged by the respondents for plantation work in the District of Begusarai and, accordingly, a panel of the daily rated workers was prepared. From annexure 9, it is manifest that the panel of the daily wagers was prepared some time in the year 1995. 7. From the facts, as referred to above, it appears that daily rated workers were engaged by the respondents for plantation work in the District of Begusarai and, accordingly, a panel of the daily rated workers was prepared. However, at this juncture, it would not be appropriate for this Court to issue any positive direction to the respondents to make, payment of their arrear wages. 8. In my opinion, the petitioner should approach the Chief Conservator, Begusarai Division, respondent No. 6 by way of a representation who will examine the claim of the petitioner and shall pass necessary orders in accordance with law within a period of six weeks from the date of filing of the representation. In case, respondent No. 6 would be satisfied that the work rendered by the petitioner is perennial in nature and he is working throughout on daily wages, he will direct for payment of their due salaries/wages forthwith. 9. With the directions/observations aforesaid, this application is disposed of.