CHANDRAKANT D MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioners who are serving as a daily wager in the respondent No.3 Nagar Palika have prayed for an appropriate writ, direction and/or order directing the respondents to confirm them in the permanent post of labourer from the date of their joining and to give them all the benefits as per the rules and regulations.

(2.) THE only submission made on behalf of the respective petitioners is that all the petitioners are working / serving as a daily wager since more than five years and their services are required and inspite of the fact that the work is available and they are continued as daily wagers, are not made permanent and therefore, considering their long services, they are required to be made permanent on regular establishment and are required to be paid all the benefits, which are available to the permanent employees.

(3.) THE petition is opposed by the respondents. An affidavit in reply is filed on behalf of the respondent No.3 Nagar Palika. It has been submitted that the petitioners were and are employed on and off as daily wagers for carrying out temporary works of the Nagar Palika. It is submitted that as and when the work was available, they were called for duties as daily wagers. The relevant statement showing the number of days worked by the respective petitioners is also annexed with the affidavit in reply. It is further submitted that whenever the petitioners were called for daily work, they were paid minimum wages payable to the workers under the Minimum Wages Act. It is further submitted that the petitioners are not regular employees. It is also further submitted that the post in respect of which the petitioners seek permanent posting are Class IV posts of the Municipality and they are bound by the principle of reservation of the posts for S.C., S.T., Physical Handicapped, OBC, etc. It is also further submitted that number of permanent posts in Class IV in its various departments are determined and fixed by the State Government and there are no vacant sanctioned posts available on which the petitioners can be made permanent. It is also further submitted that the petitioners cannot be given any permanent benefit of regularization of the posts, etc., without the sanction of the Government. Therefore, it is requested to dismiss the present Special Civil Application.