JAGARNATH JHAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Ashish N. Trivedi, J.-This Writ Petition had been filed by nine persons who were doing the work of Class IV employees in the Muzaffarpur Regional Development Authority (hereinafter referred to as the Authority) impleading the State of Bihar. Vice Chairman of the Authority, Chief Engineer, and two Executive Engineers of the Authority as the Respondents and, had prayed that the Respondents be directed to pay arrears of wages and to continue to pay the current wages in the regular pay scale from" the date of their appointments.

(2.) By three applications for amendment of the Writ Petition the petitioners have further prayed that the services of the petitioners be directed to be absorbed and regularised with effect from the availability of regular vacancies for them in Class IV and III services of the Authority. The notice dated 8-10-1993 (Annexure-8) terminating their services with effect from 10-11-1993 and directing them to collect one month's wages and retrenchment compensation from the office of the Authority and the order dated 6-11-1993 by which their services were ordered to be terminated with effect from 10-11-1993 and they were required to collect the retrenchment compensation from the office of the Authority be also quashed.

(3.) The case of the petitioners is that petitioner no. 1 was engaged by the Authority on daily wages on 1-11-1980 Petitioners 2 to 5 were likewise engaged between 23-3-1983 and 2-12-1983 and petitioners 6 to 8 were engaged between 1-3-1984 and 2-7-1984 to do the work of Class IV employees. Petitioner no. 9 was engaged on 1-10-1985 to perform the work of Road Roller Driver in the Authority. According to them, they were paid wages lower than the minimum prescribed scale of pay of regular employee, although the nature of work performed by the petitioners was the same as was being done by the regular Class IV employees. They claim to have been appointed on daily wages as a result of local advertisement displayed on notice board and were duly selected and by the passage of time they have become overage for fresh appointment in Government service. The matter regarding retention or retrenchment on daily wages employees working in the Authority was placed before the Establishment Committee of the Authority resolved on 21-10-1986 (Annexure-3) and it was decided that those who were working on daily wages before 31-12-1985 will continue on their posts and services of the persons appointed thereafter shall be terminated. This Resolution was approved by the Authority on 17-1-1987 and accordingly the Vice Chairman of the Authority issued an order dated 17-12-1988 (Annexure-4) permitting the petitioners to continue on the same terms and conditions until a decision was taken by the State Government.