KRISHNA DEVI Vs. BBMB

JUDGEMENT

(1.) The Appellant, aggrieved by the dismissal of her Writ Petition seeking regularization of services, has filed the instant Letters Patent Appeal.

(2.) The bare minimal facts, as required for the adjudication of the present Appeal, are that the Appellant was appointed as a Part Time Sweeper by the Respondents-Board at Sunni on 22/9/1989 and was continuing as such till the filing of the instant Appeal. In the case set out before the learned Writ Court, it is averred that despite repeated requests having been made continuously with effect from the aforesaid date, the Respondents are not regularizing her services, which amounts to gross Unfair Labour Practice as per Schedule-V of the Industrial Disputes Act, 1947 (for short "the Act") because as per the said Schedule to keep a Workman on a Daily Wage, part time or Badli basis for years together amounts to Unfair Labour Practice and permanent status to a Workman cannot be denied.

(3.) It is further averred that a large number of part time Workers in Himachal Pradesh such as Revenue Chowkidars, Water Carriers and others, had been brought on Daily Wage establishment after completion of 10 years but the Respondents were not doing so, thereby violating the provisions of Industrial Disputes Act, 1947 and their action was otherwise violative of Articles 14 & 21 of the Constitution of India.