HEMRAJ GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order will decide three writ petitions under Article 226 of the Constitution of India namely, S. B. Civil Writ Petition No. 2109/86. (Hemraj Gurjar v. State of Rajasthan); S. B. Civil Writ Petition No. 2111/86 (Yogendra Kumar Gupta v. State of Rajasthan) : and S. B. Civil Writ Petition No. 2112/86 (Ramdhan Yadav v. State of Rajasthan), by a common order as same facts and same questions of law are involved in all these three writ petitions.

(2.) IN all of them the respective petitioners pray that by an appropriate writ, order or direction, the impugned order dated September 30, 1986 whereby their services were terminated may be declared illegal and set aside and the respondent State may be directed to allow them to continue on the post of L. D. C. in the Office of Director State Insurance and Provident Fund in the regular pay scale with all consequential benefits and that the respondent may be directed to pay to them the salary in regular pay scale of L. D. C

(3.) ACCORDING to the petitioners, State Insurance and Provident Fund Department of the State of Rajasthan is 'industry' within the meaning assigned to this word by Section 2 (j) of the Industrial Disputes Act, 1947 (for short, hereinafter, "the Act" ). Hemraj Gurjar and Yogendra Kumar petitioners were initially appointed as LDCs on daily wages in the aforesaid Department vide order dated February 21, 1985 (Ann. 1) and similarly petitioner Ramdhan Yadav was appointed vide order dated February 25, 1985. They continued as L. D. C. till September 12, 1985 when a gap of 3 days was given. They were again appointed as L. D. C. on daily wages with effect from September 16, 1985 and continued to work as such till December 2, 1985 when another break of three days was given. They were again taken on duty as L. D. C. with effect from December 6, 1985 and continued on daily wages till April 30, 1986. Then a break of 11 days was given and they were reappointed as L. D. C. with effect from May 12, 1986 and they continued as such upto August 11, 1986. Then a break of eight days was given and they were again taken on duty as L. D. C. on August 20, 1986 on daily wages. Ultimately the services of all the three petitioners was terminated with effect from September 30, 1986 vide order Annexure-4 which has been challenged by them.