DEWA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition along with other similar writ petition, mentioned in the Schedule, raises a common question of law and, therefore, we propose to decide all writ petition by a common judgment. For the convenient disposable of these writ petitions, the fact of S. B. Civil Writ petition No. 3324 of 1984 (Dewa Ram vs. the State of Rajasthan and others) are taken into consideration.

(2.) THE petitioner Dewa Ram was appointed as a Junior Accountant by the order Annexure. 1 dated 27-10-87. THE appointment of petitioner was temporary in character and he was appointed for a fixed period upto February 28,1988. THE appointment was made on daily work-charge basis on the wages of Rs. 30/-per day. This period was extended upto September 30, 1988, when the services of the petitioner were brought to an end vide Annexure 2. THE case of the petitioner is that he is a 'workman' within the meaning of Section 2 (s) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act, 1947') and the Rehabilitation Section of the Collectorate, Pali, is an 'industry' within the meaning of Section 2 (i) of the Act, 1947. and, therefore, the termination of the services of the petitioner amount to 'retrenchment' within the meaning of Section 2 (oo) of the Act, 1947, and as the compliance of Section 25-F (a) and (b) of the Act, 1947 has not been made before terminating the services of the petitioners, therefore, the petitioner is entitled for reinstatement with full back wages. THE respondents contested this position and took a stand in the reply that the petitioner was appointed by the Collector, Pali, in the Famine Relief Department. His appointment was made temporarily by the Collector, Pali, during the famine operations on daily wages basis in pursuance to the order of the Famine Relief Department, Government of Rajasthan, Jaipur, dated October 8, 1987 (Annexure-R/l ). THE case of the respondents is that during famine operations, the Famine Relief Department of the Government of Rajasthan, in order to provide relief to the persons living in drought affected and scarcity condition areas certain vacancies like one Naib Tehsildar (Famine), one Junior Accountant and one Lower Division Clerk were sanctioned in the Tehsils having more than 50% villages declared as famine affected areas. Against these vacancies, the petitioner was initially temporarily appointed as Junior Accountant for a fixed term, i. e. till February 29, 1988. THE period of famine operations was extended time to time but ultimately it came to an end on September 30, 1988, when the famine relief work and the famine operations were closed. THE case of the respondents, further, is that in view of Section 3 of the Rajasthan Famine Relief Work Employees (Exemption from Labour Laws) Act, 1964 (Act No. XXI of 1964) the applicability of labour laws to the famine relief works is exempted, therefore, the Act of 1947 is not applicable in the case of the petitioner.

(3.) VIDE Annexure R/l, the state Government, in order to provide relief to the persons living in famine affected areas effected by drought and scarcity condition, the famine relief work was started and in order to make the payment to the workers employed in the famine relief work in a tehsil, where more than 50% of the villages were drought-affected, in those tehsils at the tehsil Headquarters, the posts of one Naib Tehsildar, one Lower Division Clerk and one Junior Accountant were created and sanctioned by the Famine Relief Department upto February 29, 1988. These posts were extended by various orders upto September 30, 1988, After the creation and sanction of these posts by the State Government, vide order dated 8-10-87, the petitioner and other like persons were initially appointed as Junior Accountants on 27-11-87 upto 28-2-88 and these appointments were extended upto 30-9-88. In the letter Annexure. 1, the reference of the order dated 8-10-87 was also given. The appointment vide Annexure 1 of the petitioner and other like person was, thus made, in pursuance to the order dated 8-10-87, by which these post were created and sanctioned. All these posts were created and sanctioned for a fixed terms for famine relief works only. The posts of the Junior Accountants were created to distribute the wages to the workers employed in the famine relief work. In our view, the appointments given to the petitioner and other like persons were, thus, under the famine relief work and not in the Rehabilitation Section of the Pali Collectorate.