HEM RAJ Vs. STATE

JUDGEMENT

(1.) PETITIONERS are daily wagers having put in service of more than 9 years in various capacities as waiters, salesman, chowkidar, plumber and electrician who claim to be entitled to seek regularization. The petitioners have earlier also filed writ petition (SWP) No. 306/90 in which the judgment and order was passed by this court on 4.3.98 with the following directions;

(2.) IT is further stated that when the directions in the aforesaid writ petition were not complied by the respondents, a contempt petition bearing No.58 -B/98 also came to be initiated seeking implementation of the order. While disposing of the contempt petition vide its order dated 08.10.99, the following direction was passed:

(3.) ACCORDING to the petitioners they are deemed to be the regular employees of the corporation in view of the directions of this court in contempt petition and entitled to get their salary and other allowances payable to other employees performing the similar duties and discharging same functions. But the petitioners are only paid wages of a daily wager and are even without arrears of salary on the basis of equal pay for equal work from the date of their engagement as daily wager. Reliance is placed on the judgment of this court in SWP No. 306/98 entitled "Tirath Chand and Ors. v. State and Ors. The petitioners, therefore, seek the issuance of writ of mandamus commanding the respondents to pay salary as is payable to regular employees of J&K TDC and further pay the arrears of salary at the same rate as is being paid to other employees of corporation, performing the same functions from the date they are deemed to have been regularized, by issuance of writ in the nature of mandamus, in exercise of jurisdiction under article 226 of the Constitution of India read with section 103 of the Constitution of Jammu and Kashmir.