GANGA DHAR GUJAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE thirty four writ petitions raises common questions of law and, I have therefore, accepted the joint request of the learned counsel for the parties to consider them, together.

(2.) ALL the petitioners have been given identical notices of the retrenchment under Section 25 F of the Industrial Disputes Act. In S. B. Civil Writ Petition No. 534/1983, Ganga Dhar vs. Union of India and others, this notice of retrenchment (Annexure 2) runs as under:- "western RAILWAY No. E/e/523/6 (AEN-SWM) D. M's Office Kota Date 15-2-1983 To: Shri Gangadhar S/o Johri Khallasi C/o PW I [s] GGS Sub: Notice of Retrenchment under Section 25 F of the Industrial Dispute Act. 1. Your Services are not required by the Railway Administration on and from 20. 3. 83 A. N. for the following reasons: "the work of maintenance of newly laid track from K. M. /067/14 to 1071/7 on Morail Bridge No. 356 between MMD-MMW has been completed. " The Work of T. S. R. in L Ru yard from KM 1085/65 to 1086/65 is also completed. 2. You are, therefore, served one month's notice of retrenchment from 20. 2. 83: Your services should stand terminated on and from 20. 3. 83 A. N.

(3.) SHRI Sharma then pointed out that, under the welfare state, the State is under obligation to provide the right to work under Article 41 of the Constitution of India. Once it has discharged its obligation by providing work to the petitioner then such action amounts to disregarding the constitutional obligation as enumerated in Article 41 of the Constitution of India read with Article 39. Then the State has no power under its welfare scheme to discharge an employee merely on the ground that he is temporary. There is no complaint against the petitioner of any kind except that he is allegedly temporary.