VED PAL Vs. MUNICIPAL CORPORATION FARIDABAD

JUDGEMENT

(1.) IN the present writ petition, directions are being sought to issue a writ in the nature of mandamus directing the respondents not the remove the petitioner from the post of Baledar.

(2.) THE case of the petitioner is that he was appointed on Mustar roll on 01.10.1995 in Sector 18, Faridabad. However, no appointment letter was issued to the petitioner. The M.C. Faridabad - respondent No. 1 issued an order/instructions dated 03.02.1995 directing that all the daily wagers who had completed 180 days but had not completed 240 days, could not be retained in the Corporation. The service of these employees who have completed 240 days for the last 12 months should not be terminated. This decision was taken as some of the workman were allowed to complete 240 days so that they could not be removed from the service of the Corporation. The petitioners service on mustar rol stands sanctioned up to 12.07.1996. The apprehension of the petitioner was that after 12.07.1996,he will not be allowed to work on mustar roll and he will be replaced by any other daily wager. This was against the spirit of Industrial Disputes Act, 1947.

(3.) THE petitioner's case has not been considered and he was eligible to be regularized in view of the Government Instructions dated 01.10.2003.