DHANIRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) W.P. (S) Nos. 6798, 6112, 6398 & 6521 of 2010, involve the same question of law and common facts and, as such, they are being disposed of by this common order. Being aggrieved by the action of the respondent Municipal Corporations (for short "the Corporations") to remove the daily wagers pursuant to the memo dated 23-9-2010 (Annexure-P/1 in W.P. (S) No. 6798 of 2010), the petitioners have preferred these writ petitions seeking a direction to the respondent authorities to continue their services as daily wagers and to take steps to regularize their services.

(2.) Shri Shashank Thakur, Shri Sunil Sahu & Shri A.V. Sridhar, learned counsel appearing for the petitioners, submit that pursuant to the memo dated 23-9-2010, the petitioners have been asked to discontinue their services in spite of the fact that they have been appointed on daily wages basis and have been serving for the last several years. The action of the respondents, without taking recourse to appointment of a committee for scrutinizing the cases of daily wagers for regularization as directed by the Supreme Court in Secretary, State of Karnataka and others v. Umadevi (3) and others, 2006 4 SCC 1 and further directions of the Supreme Court in State of Karnataka and others v. M.L. Kesari and others, 2010 AIR(SC) 2587 are bad and irregular. Accordingly, the said action of the respondent authorities removing the petitioners deserve to be quashed.

(3.) On the other hand, Shri Sanjay K. Agrawal, Shri B.D. Guru & Shri Sudeep Agrawal, learned counsel appearing for the Corporations, submit that pursuant to the memo dated 23-9-2010 wherein it has been directed that if the posts are vacant for a long indefinite period, no appointment on daily wages and on Collector's rate be made in future. Thus, all the daily wagers are being removed. Even otherwise, the petitioners have no right to the post or continuation, regularization in the light of judgments of the Supreme Court in Umadevi (3) and M.L. Kesari .