DEV SINGH Vs. NATIONAL COMMISSION

JUDGEMENT

(1.) PETITIONERS were working as casual labourers with the respondent No.1/National Commission for Women. They seek directions for not being treated as casual labourers or contractual labourers and for direction to the respondent No.1 to create regular posts and to regularize the employments of the petitioners.

(2.) THE Constitution Bench of the Supreme Court in the case of Secretary, State of Karnataka Vs. Umadevi and Ors. (2006) 4 SCC 1 has laid down the following ratio:

(3.) THE writ petition does not show that any of the mandatory requirements exist as stated by the Constitution Bench in the case of Umadevi (supra) viz of there being sanctioned posts, there being vacancies in such sanctioned posts to which petitioners were appointed and that petitioners were appointed after selection through advertisement in newspaper and/or through the employment exchange. Supreme Court in the judgment in the case of Umadevi (supra) has categorically observed that there cannot be regularization of such casual labourers. In the case of Umadevi (supra) the Supreme Court has also held that there cannot be directions to create/sanction posts as the financial aspects are best left to the government to decide.