C D CHAUHAN Vs. RESERVE BANK OF INDIA

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India filed by 35 Daily wage (Tikka) Mazdoors projects sorry state of affairs in a model banking institution, namely, the Reserve Bank of India towards its employees from whom the work is taken regularly and intermittently since 1983 and who are till date regarded as daily wage mazdoors after expiry of 7 to 8 years of their regularly irregular employment. The grievance of the petitioners in this petition is that despite their availability for being absorbed as regular mazdoors/peons they are being denied the right to absorption and/ or regularisation in the service of respondent-Bank while the respondent-Bank confers such right on selected few thereby totally negating the equal opportunity in the matter of employment to these have-notes of the society.

(2.) The Government which speaks of right to work or right to job at least to an individual in a family can illdefend this petition on any ground. Justice Douglas of the U.S. Supreme Court in Baksey v. Board of Regents said :

(3.) By keeping above principles in mind one is required to approach this petition and the contentions and challenges raised therein Petitioners were employed or were offered work as daily wage (tikka) Mazdoors from 1983 or 1984 onwards. If all the petitioners are employed as daily wage (tikka) Mazdoors in 1986 or 1987 undisputedly all are working as such since 1987. Petitioners have, by filing further affidavit, but on record of this case days of service as tikka mazdoors put in by them. In the year 1988, the highest number of days put in by few of the petitioners are 285 and the lowest number of days put in by one of the petitioners is 94. Charts for the year 1989-90 show that number of them have put in service for more than 200 days. The respondent-Bank in its affidavit-in-reply refers to the statement showing the daily wage engagement of petitioners as Tikka Mazdoors and such statement fully bear our the case of the petitioners that they have been working as Tikka Mazdoors on daily wage engagement with the respondent-Bank since 1984.