BHULLAR NATH YADAV Vs. MAYO HALL SPORTS COMPLEX

JUDGEMENT

(1.) THE petitioners have been working for the last several years on daily wages in Mayo Hall Sports Complex, Allahabad, which has been established and is run by Sports directorate Government of U. P. Some of the petitioners are Working as Mali, some as Labourers and the rest as sweepers. Annexure 1 to the writ petition shows that some of the petitioners were appointed in 1976, some in 1977 while others from the year 1978 to 1987 on daily wages basis. Prabhari Adhikari Alladabad had issued certificates in 1987, vide Annexures 2-A to H, certifying that petitioners have been continuously working from the time of their appointment in Mayo Hall Sports complex on daily wages basis. By this writ petition the petitioners pray for writ of mandams directing the respondents to regularies their services in Mayo Mall sports complex, Allahabad and pay them equal wages and allowances at par with regularly appointed employees.

(2.) APART from Mayo Hail sports complex, Allahabad, Sports Directorate U. P. and State of U. P. have been impleaded as respondents to this writ petition, and counter affidavit has been filed on their behalf. In counter affidavit it is not disputed that the petitioners have been continuously working from the time of their appointment. It is, however, alleged that average working of each petitioner in a month comes to about 25-26 days. The defence put up in the counter affidavit is that Government has been approached for sanctioning certain posts for regularising services of petitioners but no decision has been taken so far and in the absence of any sanctioned post regularisation is not permissible.

(3.) THE writ petition is accordingly allowed. We direct the respondents to prepare a scheme on reasonable basis within a period of three months from the date of receipt of certified copy of this judgment, for regularisation and absorption on permanent basis of those daily wages who have been continuosly working for more than three years. For those who have not yet completed three years, regularisation proceedings shall be initiated after three years service is completed. Those employees after absorption will be paid equal pay and allowances at par with regularly appointed empleyees of the respondents. In view of facts and circumstances of the case there will be no order as to costs. Petition allowed.