COMMISSIONER OF POLICE Vs. RAJENDER SINGH

JUDGEMENT

(1.) THE aforesaid two writ petitions have been filed by: -

(2.) BY the impugned order dated 10. 02. 2000 in O. A. No. 969/1999 and in R. A. No. 239/2000 dated 17. 08. 2000, the Tribunal directed the petitioners Commissioner of Police and the other authorities to take further action under the relevant rules and instructions to regularise the services of the respondents in the said petition taking into account the observations of the Tribunal, within three months and the Tribunal rejected the review application filed before it on the ground of limitation and as not disclosing a ground for review of the order dated 10. 02. 2000 passed in O. A. No. 969/1999. Quite contrary to the view taken by the Tribunal in O. A. No. 969/1999, which was decided by a single member bench, a two member bench of the Tribunal in the original application filed by Prem singh, the petitioner in WP (C) No. 1925/2006, took the view that the original application itself was not maintainable before it, since the petitioner was not the holder of a civil post under, or in connection with the affairs of, the union or the State.

(3.) THE respondents in W. P. C. No. 5716/2000 as well as the petitioner in W. P. C. No. 1925/2006 (referred to as "employees" for convenience) were engaged to work as Halwais, bearers, Mess boys etc. in Canteens being run by the police personnel for the last many years. To run the canteens, workers are engaged as daily wagers in the canteen and they have been engaged for more than a decade. Since the daily wagers were not being regularised and were being treated only as daily wagers with no security of their services or regular pay scales, and were not even being paid the minimum wages as prescribed by the law, some of them preferred an original application before the Tribunal being O. A. No. 1617/1997