GIRDHARI SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONERS , numbering 155 have filed this writ petition with a prayer to issue a writ of mandamus directing the respondents to allow them to perform their duties as casual labourers; with a further direction to regularise the services in the department as well as prohibiting the respondents for dispensing with their services as casual labourers.

(2.) BACKDROP of this case according to petitioners is that they were employed with Integrated Water Shed Development Project and all of them are members of Union under the name and style of "Integrated Water Shed Development Project, Hill Employees Union, Jammu (J&K)". This Union is a registered trade union and a copy of the certificate of its registration has been placed on record as Annexure "A" to the petition. Further case of the petitioners is that they regularly go to the office and mark their presence but they apprehend their disengagement by the respondents without any valid reason. In these circumstances it has been mentioned that respondents may be directed to permit the petitioners to continue performing their duties and also pay their wages.

(3.) ON the other hand stand of the respondents in their objections filed to the writ petition is that petitioners were casual labourers and not daily wagers. So there is no question of their being regularised. A writ is stated to be not maintainable since no relief can be claimed by the petitioners as casual labourers because the very nomenclature indicates that they are engaged only as and when the need arises from time to time. Besides this, it is also pleaded by the respondents that there is no statutory right whereby State is under an obligation to allow the petitioners to continue in job. The right of petitioners to maintain a writ of mandamus was also disputed since there is no statutory right in their favour leading to a corresponding duty upon the respondents as claimed.