LACHHMAN DASS Vs. BHAKRA BEAS MANAGEMENT BOARD

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petition Nos. 4045, 5567-A, 8289, 8456, 10131, 10420,10861, 12540, 15253, of 1989, 1072, 2724, 3029, 3703, 7402, 8014, 2215, 3006 and 8574 of 1990 as common questions of law and fact are involved in all these petitions. The facts in this judgment have been taken from Civil Writ Petition No. 5568-A of 1989.

(2.) The petitioner was initially appointed on 1.6.1954 as a Carpenter in the Bhakra Dam Administration. On 11th March, 1964, he was offered an alternative appointment in Beas Project, but due to reduction in strength, he was retrenched by the Beas Project on 30th March, 1984. The petitioner, thereafter, joined on daily wage basis in the Store Division of the respondnent-Board with effect from 1.7.1984 and continued to be employed intermittently in various Sub Divisions/Divisions as Carpenter. Full details regarding the service put in by the petitioner have been provided in paragraph 2A of the writ petition. It has also been averred in the writ petition that the respondents framed a policy on 8th July, 1988, (Annexure P-1) for the employment of workers who are employed on daily wage basis, wherein it was provided that the seniority of daily rated workmen is required to be prepared and maintained at the Divisional, Sub Divisional and Sectional level, separately. The challenge in the writ petition to Annexure P-1 has primarily been based on the plea that as per the provisions of the Industrial Disputes Act, 1947 (hereinafter called the 'Act') and Rule 77 of the Industrial Disputes Rules, 1957 (for short the 'Rules'), the seniority of petitioner ought to have been framed at the Project/Chief Engineer level so that the benefit of the entire service put in a particular project could be availed of by the petitioner. It has also been prayed in the writ petition that a direction be issued to the respondents to regularise the services of the petitioner keeping in view his entire service put in a particular project.

(3.) In reply to the writ petition, the respondents have stated that the policy Annexure P-1 (Annexure R-1 with the reply) has been framed by the respondents for safeguarding the interest of the daily wagers pursuant to the order passed by a Division Bench of the High Court of Himachal Pradesh in Civil Writ Petition No. 27 of 1988 (Ram Payari v. B.B.M.B.). As a consequence of the maintenance of a seniority list, the Board also framed a policy vide Annexure R-2 dated 18.11.1988 wherein instructions were laid down for the conversion of work charged and daily rated staff to regular staff.