MOHD AKBAR DAR Vs. STATE

JUDGEMENT

(1.) ORDER No. 1513 -GAD of 2007 dated 31st of Dec. 2007 passed by the Government which has the effect of disengaging the arrangement made under "unpaid workers category" against non existing posts, is called in question in this petition.

(2.) IT is further prayed that respondents be commanded to allow the petitioners to continue till the class IV posts are created in the respondent -department, with further direction to respondents to frame the policy for engagement of petitioners against class IV posts lying vacant in the respondent -department.

(3.) CLAIM of the petitioners is that in the year 1990 when petitioners were working in private garages of different parts of the State and were trained as mechanics to deal with the overhauling of vehicles, the respondents told the petitioners to work in two workshops of Jammu and Srinagar till the posts of class IVth will be created for them in the department and on this assurance of the respondents, they opted to join the department and worked in different workshops. It is further pleaded that as the petitioners have worked in the respondent -department, the respondents were duty bound to pay minimum wages to them. It is further pleaded that the petitioners worked since 1991 to 2000 in the respondent -department. Claim is laid that persons similarly circumstanced with the petitioners were ordered to be brought on regular establishment and petitioners have been subjected to invidious discrimination by not giving the same treatment. It is also claimed in the writ petition that in view of the communications made by officers, some of which have been placed on the writ record, it is proved that the petitioners have not been paid their wages. Reference is also made to one of the communication to show that class IV posts are available with the respondents.