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2018 DIGILAW 2554 (JHR)

Govind Thakur, son of Late Shiv Nath Thakur v. Jharkhand State Mineral Development Corporation Limited through its Managing Director

2018-11-27

ANIRUDDHA BOSE, B.B.MANGALMURTI

body2018
JUDGMENT : I.A. No. 6030 of 2018 1. This Interlocutory Application is for condonation of delay of 139 days in filing the appeal. 2. We have gone through the application for condonation of delay and find that there was sufficient cause for which the appeal could not be filed within the prescribed time. 3. We, accordingly, condone the delay of 139 days in filing the appeal. 4. I.A. No. 6030 of 2018 stands disposed of. L.P.A. No. 295 of 2017 5. On consent of the learned Advocates appearing for the parties, we are taking up the appeal for hearing at the stage only. 6. The appellant had approached this Court with a prayer for posting him as a mechanical staff in Jharkhand State Mineral Development Corporation Limited. Admitted position is that the appellant writ petitioner was engaged for a period of six months in the grinding plant of the respondent company on purely temporary basis on 23rd November, 1987. On lapse of said six month period, his engagement was extended until further order. It was his case before the learned First Court that he was not being given salary equivalent to that of a mechanical staff but his case was repelled by the learned First Court as he could not produce evidence of any technical qualification. 7. On behalf of the Corporation, it has been submitted before us that the appellant writ petitioner had remained engaged as daily wage labourer and at no point of time he was engaged in a mechanical post. The learned First Court accepted this argument and dismissed the writ petition. It is not in dispute that after his initial engagement in 1987, the appellant has been drawing wages of a daily wage labourer and he did not raise any protest till 2009. He raised his grievance in the year 2009 by filing a writ petition which was subsequently withdrawn. Learned counsel for the Corporation has also brought to our notice an order of the Corporation issued on 11th December, 2002 in which the appellant along with several other daily wage staffs were sanctioned pay scale equivalent to minimum basic scale of a regular employee. This order was passed in pursuance of directions issued in a writ petition registered as C.W.J.C. No. 2035 of 1994 (R) on 13th August, 2002. 8. This order was passed in pursuance of directions issued in a writ petition registered as C.W.J.C. No. 2035 of 1994 (R) on 13th August, 2002. 8. In this factual perspective, we do not find any reason to interfere with the order of the learned First Court. The appellant writ petitioner has failed to make out a case for being entitled to salary of a semi-skilled employee in a technical post. 9. The appeal is accordingly dismissed.