LAWS(GJH)-1993-11-17

RESERVE BANK OF INDIA Vs. C D CHAUHAN

Decided On November 30, 1993
RESERVE BANK OF INDIA Appellant
V/S
C D Chauhan Respondents

JUDGEMENT

(1.) This Letters Patent Appeal illustrates how justice is truth in action.

(2.) 35 daily wage labourers described herein and known as ticca mazdoors filed under Art. 226 of the Constitution, petition being Special Civil Application No. 4669 of 1987 against the Reserve Bank of India, appellant herein. The facts concerning these ticca mazdoors may be recapitulated and briefly stated :

(3.) The Reserve Bank of India has a specific cadre of Mazdoors in the Cash/Issue Departments to assist the coin-note examiners, the ratio being 4 coin-note examiners to 1 mazdoor. Minimum and maximum qualifications required of the mazdoors are Standard IV to IX. The other cadres are those of peons and darwans. Minimum and maximum required qualifications of peons are Standard VII to Matriculation. Darwans have a special responsibility in that they are entrusted with the work of guarding the Bank's property and with other duties. Therefore, recruitment to the cadre of Darwans is made exclusively from ex-servicemen. It is the say of the Reserve Bank of India that due to wide absentism in the cadre of mazdoors, it is required to engage on purely casual basis daily rated mazdoors whom it describes as ticca mazdoors - who also have to attend to the work of assisting coin-note examiners. At times they are given work of peons and darwans during their absentism. However, when they are given such work they cannot perform the following functions of peons: