RAJ KUMAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) As per the facts mentioned in the writ petition, the petitioner was appointed as Junior Engineer vide order dated 23.2.1987 (Annexure-1), for famine relief work on daily wage basis upto 31.7.1987. Vide Order dated 10.4.87, the petitioner was sent on deputation to Panchayat Samiti, Khetri, Buhana and Surajgarh. The petitioner was relieved by the Collector, Jhunjhunu vide his order dated 15.4.1987. He resumed his duties at Khetri on 16.4.1987. The term of appointment of the petitioner was extended upto 29.2.1988 vide order dated 28.10.1987 (Annx. 4). In Panchayat Samiti, Khetri, one Shri Anandi Lal who was working as Junior Engineer on permanent basis, was relieved and the petitioner was asked to take over the charge of Shri Anandi Lal as well vide order dated 5.1.1988 (Annx. 5). The petitioner's services were extended upto 30.6.1988 and lateron, by another order dated 22.7.1988 (Annx. 7) upto 31.7.1988. Since the work of the petitioner was quite satisfactory, the Pradhan, Panchayat Samiti, Khetri, recommended (vide Annx.-8) the matter for absorbing the petitioner permanently, to the Collector,, Jhunjhunu, who in turn also recommended vide Annexure-9, dated 19.7.1988, that the petitioner may be absorbed and appointed permanently but the term of appointment of the petitioner was not extended nor he was absorbed, though he made several representations, therefore, he filed the present writ petition in this Court on 16.11.1988. Notices were issued to the non petitioners. The non petitioners have filed reply contending that the petitioner was appointed for a specific purpose and for a Specific period i.e. famine relief work. He was given appointment only on temporary basis and after the completion of the relief work, his appointment could not be continued. The petitioner has filed a rejoinder wherein he has submitted that he was given charge of the post of Junior Engineer in place of one Shri Anandi Lal who was a permanent employee and he worked on that post upto 30.4.1988. The petitioner had been in service for more than 240 days and provisions of Sections 25-F of the Industrial Disputes Act, 1947 have not been complied with. Learned counsel for the petitioner has asserted that in addition to the famine relief work, the petitioner has also worked under special scheme viz., Rural Landless Guarantee Employment Programme, and National Rural Employment Programme, Bio-Gas Project and Poor Flush Latrine and Rural Development etc.

(2.) Arguments have been heard. Record has also been perused. Keeping in mind, the judgments of this Court in a series of cases, it cannot be disputed that Working in various National Programmes itself attract the provisions of the Industrial Disputes Act, 1947 and admittedly, provisions of Sections 25-F have not been complied with.

(3.) In the result, this writ petition is allowed, retrenchment of the petitioner from the post of Junior Engineer, without following the provisions of Sections 25-F of the Industrial Disputes Act, 1947, is declared illegal and is quashed. The respondents are directed to reinstate the petitioner forthwith. It Will be open for the petitioner to submit his claim regarding pay for the period he had not been in actual service, under section 33(c)(2) of the Act of 1947, before the Labour Court or an Industrial Tribunal. The petitioner's services will be regularised as and when there is a clear vacancy. No order as to costs. Writ petition allowed.