PAWAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN all the writ petitions, list of which is annexed as Schedule 'A', have arisen in almost similar circumstances and the petitioners have sought common reliefs.

(2.) FOR the present purpose, it may be submitted that petitioners in all the above -mentioned cases were appointed Junior Engineers under various Schemes floated by the respondents to provide better rural employment from time to time under different nomenclatures, ultimately merging into Jawahar Rozgar Yojna. All the petitioners were appointed under different employment agencies, may be Panchayat Samiti or District Rural Development Agency, directly. The appointments were given for a fixed term and were not extended after the relevant date on which their employment came to an end. The termination of their employment is challenged on various grounds, particularly with reference to the provisions of Industrial Disputes Act, 1 947 (hereinafter referred to as 'the Act of 1947') and on the ground that while the Scheme continued, their services have been terminated, In some cases return have been filed. However, now it is common ground between the parties that all the 254 posts of Jr. Engineers created under Jawahar Rozgar Yojna, at various Panchayat Samities/D.R.D.As., were abolished with effect from 2Sth February, 1991 by order dated 24th April, 1991 and the posts now do not exist under the Jawahar Rozgar Yojna at various employing agencies in question.

(3.) THE Court answered these questions as detailed hereinafter.