SIDHU RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicants in this original application have claimed the reliefs: - (i) That respondents be directed to regularise their services from the date when they completed 10 years of service as held in "Mool Raj Upadhyays case by the Apex Court; (ii) That the respondents be directed to pay the arrears since 1.1.1994 or from the day when the applicants completed 10 years of service; and (iii) That the respondents be directed to give 18% interest on 1 the arrears due to the applicants.

(2.) The case of the applicants is that they have successfully completed 10 years of continuous service with the respondents as daily waged Pipe .Linemen/Pump Operator in view of the contents of Annexure A -1. The respondents, however, are paying the daily wages to the applicants at the rate applicable to such daily rated workmen, though the duties/work being discharged by them is exactly similar to that of the regularly appointed Pipe Linemen/Pump Operator who are given better scale and thus, it is a case of exploitation of the applicants. Thus, the act of the respondents in not regularising the applicants and not giving them the time scale of pay is illegal, discriminatory, ultra vires of the Constitution and against the basic principles of natural justice. Hence this original application.

(3.) The respondents contested the claim of the applicants and in the preliminary submissions made in the reply claimed that the applicants have been given the work charged status w.e.f. 1.1.1994 in the respective pay scale of Pipe Linemen/Pump Operator i.e. Rs. 770 -1410/ - and Rs. 950 -1800/ - vide three different orders dated 31.10.1995 annexed with the reply. Therefore, the present original application has become unfructuous.