LAWS(J&K)-2019-9-24

FAROOQ AHMED SHEIKH Vs. RAKESH KUMAR GUPTA

Decided On September 25, 2019
Farooq Ahmed Sheikh Appellant
V/S
RAKESH KUMAR GUPTA Respondents

JUDGEMENT

(1.) Compliance report has been filed, rejecting the case of the petitioners on the ground that no right accrues to a casual labourer to seekregularization in terms of SRO 64 of 1994 dated 24.03.1994.

(2.) The aforementioned stand has been taken in the compliance report by referring the judgment rendered by a Division Bench of this Court in case titled, "Ashok Kumar Vs. State of J&K and others, in which reliance was placed on the judgment of the Apex Court rendered in case titled, "State of Haryana Vs. Piara Singh, reported in 1992 4 SCC 118". Reference is also made to the judgment of the Apex Court rendered in case titled, "State of Karnataka and others Vs. UmaDevi and others, reported in 2006 (4) SCC 1.

(3.) It appears that the basis of rejection of the claim of the petitioners is the fact that the petitioners are not entitled to regularization in view 2CM No. 5703/2019 in CPSW No. 413/2013 of the fact that they were the casual labourers and not covered in terms of the aforesaid SRO.