LAWS(UTN)-2011-8-169

RAMESH CHANDRA JOSHI S/O SHRI K.N. JOSHI Vs. STATE OF UTTARAKHAND THROUGH PRINCIPAL SECRETARY, FOREST GOVERNMENT OF UTTARAKHAND PRINCIPAL CHIEF CONSERVATOR OF FOREST,

Decided On August 23, 2011
Ramesh Chandra Joshi S/O Shri K.N. Joshi Appellant
V/S
State Of Uttarakhand Through Principal Secretary, Forest Government Of Uttarakhand Principal Chief Conservator Of Forest, Respondents

JUDGEMENT

(1.) SRI Ganesh Chandra Joshi S/o late Sri Chintamani Joshi, resident of Village - Latoli, Post Office Champawat, District -Champawat is added as Respondent No. 5 to the appeal.

(2.) MR . S.S. Chaudhary, Advocate is appearing on behalf of the said Respondent.

(3.) THE Appellant is, however, contending that the writ Petitioner was not a seasonal worker but he was a mere daily wager. It was contended that difference between a seasonal worker and daily wager is that whereas the seasonal worker draws his remuneration on voucher, a daily wager draws his remuneration on muster -roll. The question is not whether under muster -roll or under voucher the remuneration is drawn by the person, the question is the status of the person. The status of the Petitioner, as that of a seasonal worker having served at least for three seasons, was not disputed in the writ petition by the employer. Such dispute cannot be put forward by a third party.