SATISH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who was working with respondent No.2 as Casual Labourer seeks for an order from this court restraining the respondents to dis-engage the petitioner from employment as Casual Labourer as he has completed more than 306 days of work and also for a declaration that since he has completed 240 working days he should be regularised in his services in any vacancy which is available.

(2.) The petitioner contends that he was initially employed as a Casual Labourer on 21/5/1998 in which post he worked upto 15/9/1998 and that after a few days' break he was re-employed on 12/10/1998 when he worked upto 3/2/1999. Again he was re-employed on 19/3/1999 and he worked upto 29/7/1999. He was again re-employed On the basis of a letter of demand sent to the Employment Exchange from 18/10/1999 and continuing to work as a Casual, daily-wage class IV employee. It is stated in the writ petition that since he was told that he is being dis-engaged from 11/2/2000 that he filed the present writ petition seeking for the aforesaid reliefs.

(3.) The respondents contested the aforesaid writ petition and filed a counter affidavit contenting inter alia that the works for which the petitioner was engaged are not of permanent nature. It was also stated therein that the petitioner was never engaged continuously for a period of 306 days or 240 days but he was engaged with breaks in different spells as and when his services were required as a Casual Labourer for performing the duties of waterman during summer season and for dusting and shifting of records etc. It was also stated in the counter affidavit that the respondents have altogether 40 sanctioned posts of Peons in that department and that all the direct recruitment vacancies have since been filled up as per Recruitment Procedure issued from time to time from the Government of India. It is also stated that as and when any new project emerges, the daily waged workers are to be engaged in accordance with the Government of India instructions whereby fresh panel of candidates are to be obtained from the local Employment Exchange after sending requisition forms, whereupon the candidates would be interviewed by the Selection Board constituted by the Head of the Department and the selected candidates would be engaged as daily waged workers until the project work was over. It is also stated that in view of the interim order passed by this court the petitioner is being retained in service although there is no regular work for him.