BANSHILAL GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present writ petition has been filed primarily seeking for two reliefs which are as under:

(2.) The brief facts relevant for consideration of this issue in the case is that, the petitioners total 6 in numbers, were initially engaged by the respondent No.2 as daily wage workers prior to 1997 and since then they are working with the respondent No.2 still as daily wage workers.

(3.) The contention of the petitioners are that since they have been working with the respondent No.2 for a considerable length of period, the respondent No.2 should consider the case of the petitioners for regularization. They heavily rely upon the decision of the Supreme Court in case of Secretary, State of Karnataka & Ors. Vs. Umadevi (3) & Ors., 2006 4 SCC 1 wherein the Supreme Court in paragraph 53 have ordered for the respective employers to consider one time measure in trying to regularize all those persons who have been working with the State for more than 10 years continuously. The petitioners have also relied upon the circular of the State Govt. dated 05.03.2008 wherein it has been resolved by the State to consider regularization of even those workers who were appointed as daily wage worker in between 01.01.1989 to 31.12.1997.