KANHAIYA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, who is physically handicapped and who belongs to Scheduled Caste, has filed this writ petition challenging Exhibit-4 dated September 6, 1990 by which his service, as a temporary Part-time Farash, has been terminated on the basis of the directions issued by the Director, Social Welfare Department, vide his circular dated August 7, 1990.

(2.) BRIEFLY, the case of the petitioner is that he was appointed in the service of the Social Welfare Department in the year 1986 and was posted under the District Children Officer, Social Welfare Department, Sikar with effect from October 1, 1986 and was paid wages of Rs. 11 per day. He has continuously worked under Respondent No. 3 as a Class IV employee and has discharged duties for eight hours per day. Vide his letter dated March 11, 1988, the Deputy Director, Social Welfare Department, wrote to the District Children Officer, Social Welfare Department, Sikar to regularise the service of the petitioner, who was described as a physically handicapped person, because the Government had issued instructions for regularisation of the services of the persons who were physically handicapped and had been appointed in the service upto March 31, 1988. The Government in Department of Personnel also issued circular dated December 28, 1989 for the purpose of regularisation of the services of physically handicapped persons. By that circular, all the Heads of the Departments and appointing authorities were directed to regularise the service of the physically handicapped persons who were appointed in the service upto March 31, 1988. Notwithstanding these circulars, Respondent No. 3 issued order dated September 6, 1990 terminating service of the petitioner on the basis of the circular issued on August 7, 1990 by the Director, Social Welfare Department. As per that circular, copy of which has been placed on record as Exhibit-5, the Director had instructed that since Social Welfare Department has been treated as 'industry' under the Industrial Disputes Act, 1947, the competent authorities should not allow part-time and daily wage employees to complete 240 days of service. All the competent authorities were directed to terminate the services of those part-time and daily wage employees who were to complete 240 days of service. It was also observed that the responsibility of not taking action on the basis of this circular would be of the competent authority. After five days of the termination of the service of the petitioner, he was again employed as part-time Farash on consolidated salary of Rs. 350/-per month by an order issued on September 12, 1990 by the District Children Officer, Sikar. According to the petitioner, he is working as Farash in the service of the Social Welfare Department on the basis of this order.

(3.) THE petitioner has claimed that from 1986 to 1990 he had rendered almost four years' service and had acquired a right to be regularised in service because he is a physically handicapped person and he belongs to Scheduled Caste. As per Government Circulars and instruction, all those physically handicapped persons who have been appointed in the service upto March 31, 1988 were to be regularised. Instead of regularising the service of the petitioner, the Respondents have acted arbitrarily and terminated the service of the petitioner without compliance of the requirements of the provisions of the Industrial Disputes Act, 1947 and particularly those contained in Section 25-F. The action of the Respondents in bringing about termination of the service of the petitioner amounts to unfair labour practice. The petitioner has claimed that his service should be regularised and he should be paid salary for the period between September 6, 1990 to September 12, 1990.