D POORNACHANDRA RAO Vs. TIRUMALA TIRUPATI DEVASTHANAMS TIRUPATI

JUDGEMENT

(1.) Another episode in the never-ending saga of the travails and traumas of job seekers in this country. Conversely, the spot light turns upon exploitative tendencies of employers, who ruthlessly seek their pound of flesh for every drop of sustenance extended to the hapless unemployed. Sustenance, which assumes the form of dubious or half measures of employment: on casual basis, contract basis, part-time basis and hourly wage basis.

(2.) The petitioners are Packers in the Saptagiri Journal Section of the Tirumala Tirupati Devasthanams (hereinafter referred to as 'the Devasthanams'), the first respondent herein. They claim to have worked for 240 days and 180 days with breaks in service during the years 1992 and 1993 respectively. As their services were terminated thereafter, they filed Writ Petition No. 3983 of 1994 before this Court. The said writ petition was disposed of directing the respondent Devasthanams to consider their cases for absorption in service, in case work exists. While so, the Editor of the Devasthanams' Publications in his letter dated 27-09-1996, addressed to the Assistant Executive officer of the Devasthanams, sought sanction of at least five posts of Packers on regular basis, owing to the workload caused by the termination of nine casual workers. In spite of the petitioners' entreaties to re-engage them and absorb them into service pursuant to the order in W.P. No. 3983 of 1994, the respondent Devasthanams turned a deaf ear; constraining them to approach this Court once again by way of W.P.No.26883 of 1997, seeking a direction to the Devasthanams to re-engage and absorb them into service.

(3.) A learned Judge of this Court, by order dated 16-04-1998, allowed the writ petition directing the Devasthanams to maintain a seniority list of all temporary employees under whatever designation they were appointed, Unit-wise, Department-wise, Branch-wise, restricting their chances of absorption/regularization/retrenchment to that Unit/Department/Branch without bringing or appointing outsiders from elsewhere. The learned Judge directed that upon preparation of the seniority list, the Devasthanams should consider the cases of the petitioners in the Journal Section as per their turn. The learned Judge passed the above direction taking note of the letter dated 27-09-1996 addressed by the Editor to the Assistant Executive Officer of the Devasthanams with regard to the need for sanction of five regular posts of Packers. The observations of the learned Judge in this regard are relevant: "Time and again this Court pointed out that to deny the living wages and regular scales of pay to a worker, the Government and its organs have invented innumerable devices and designations and named these employees as N.M.Rs. etc., though they are working on par with regular employees. At any rate it cannot be said that without any work these persons are appointed. The very letter of the Editor makes it clear that there is absolute need for continuance of the petitioners as Packers." The learned Judge also took note of the fact that Forest Mazdoors were brought on deputation to work in the Journal Section, clearly evidencing the existence of workload. Accordingly, the learned Judge passed the order as aforestated. Writ Appeal No. 1057 of 1998 filed by the Devasthanams questioning the above Order was dismissed as withdrawn on 10-04-2002.