RAMADHAR KUSHWAHA Vs. STATE OF M P

JUDGEMENT

(1.) THIS order will decide all writ petitions list of which is enclosed alongwith the order. All the petitioners are working in Municipal Corporation, Jabalpur.

(2.) THEY are working on daily wages. Some of them are working prior to 31.12.1988 and some of them are working after 1.1.1989. In some of the cases, Corporation has challenged the order passed by the Labour Court by which the Labour Court has directed for regularisation of the employee ignoring seniority of similarly situated employees who are working prior to the employee in whose favour Labour Court has passed the order. In some of the cases, employee who is aggrieved by the order of Labour Court has filed petition challenging the order of Labour Court on the ground that he was senior to the respondent in whose favour the Labour Court has passed the order and he is aggrieved by the order passed by the Labour Court or consequential order passed by the Municipal Corporation.

(3.) AS per the aforesaid policy, Corporation has prepared list of all the employees who are working in the Corporation and the Corporation is regularising the services of all the employees who are working prior to 31st December, 1988 according to availability of post in the Corporation. So far as employees who are working after 1.1.1989, no such policy decision has been taken. It is submitted before me that near about 700 employees are working on daily rate basis, awaiting their turn for regularisation. But some of employees filed their cases and sought orders in their favour. In that situation Corporation is bound by that order and has to regularise that person, ignoring the seniority of other senior person who has not fried any case and is waiting for his turn as per policy.