MUSHTAQ AHMAD BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners allege that they have been engaged as Daily rated workers from different dates as shown in Annexure -A by the R&B Department of the State Government. They are working on Daily wage basis after their initial engagement. They have a right to continue as such daily rated workers under SRO 64 of 94 till they complete seven years and are regularised as such daily wagers. The respondents intend to dispense with their engagement and consequently they will be deprived of their regularisation, besides the petitioners allege that they have not been paid their wages from March, 2001.

(2.) THE Annexure -A, referred in para 3 of the writ petition the basis of petitioners engagement, shows their engagement in any case after 01 -01 -1995. Vide SRO 64 of 94 the engagement of daily wagers/work charge employees was forbidden while providing for regularisation of the daily rated works and work charged employees on condition and terms of the SRO. There is no provision in SRO 64 of 94 which confers any right on daily rated workers/work charged employees to continue for a period of seven years The petitioners cannot claim regularisation in such circumstances. Even, it is of interest to mention that the actual engagement orders are not even annexure to the writ petition. The so called threat to dispense with the petitioners engagement, if any, is not evidenced by an\ annexure/material on record. The contention of the petitioners that they have a right to continue till they are regularised on completion of seven years under SRO 64 of 94, cannot be sustained either in facts or on law.

(3.) IN Ghulam Ahmad Bhat and another Vs. State of J&K and others (2001 JKLR 357) a Division Bench of which I was a party, observed: - ...Rule 8 does not contemplate and cannot be construed to contemplate, that all those persons who were working as daily rated workers or work charged employees on the coming into force of SRO 64 of 1 94 will have to be allowed to continue in service till they complete seven years of service to enable them to get the benefit of regularisation. Such an interpretation runs counter to the object, scheme and the clear provisions of SRO 64. Such an interpretation would convert an engagement of a person as daily rated worker even for a period of 89 days as a permanent appointment for a period of 7 years with a right to be considered for regularisation on the expiry of the said period.....it does not confer an indefeasible right on a daily rated worker to continue in engagement for 7 years to enable him to get a right to be considered for regularisation."