SIND KUMAR Vs. STATE TH. AGRICULTURE DEPTT..

JUDGEMENT

(1.) In this petition, the petitioners seek a writ in the nature of writ of certiorari for quashing the engagement of private respondents engaged as casual labour/ Class IV employees in S.M. Farm Chakrohi, R.S. Pura in the Agriculture Department. They also seek directions to the respondents, to reinstate the petitioners as casual labour in the said farm and allow them to perform their duties and release their wages for the period they have performed their duties.

(2.) Briefly stated the facts of the case as narrated in this petition are that, they were engaged as casual labour for the purpose of harvesting, collection and stacking of various food grains, seeds and other allied food material including the maintenance of agriculture land measuring about 1000 acres belonging to the Department of Agriculture. They were being paid wages each @ Rs. 2080/- per month. The petitioners further claim that they were continuously performing their duties but were not disbursed their legitimate wages, therefore, the petitioners were constrained to file a writ petition bearing SWP No. 2416/2010 titled Sind Kumar and Ors Vs. State of J&K and Ors. The said writ petition was disposed of vide order dated 11.06.2012 with a direction to the respondents that as and when they require the services of casual labourers they shall consider the petitioners for such engagement in view of their experience.

(3.) In the aforesaid order, this Court noted that the pending wages of the petitioners had been disbursed. The petitioners urge that the aforesaid directions passed by this Court were not adhered to by the respondents and in violation thereof, the official respondents engaged the private respondents in their place, which constrained the petitioners to once again knock at the door of this Court.