ROSHAN LAL JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner against the respondents on 7. 1. 2002 with the prayer that by an appropriate writ, order or direction, the impugned judgment and award dated 21. 11. 2001 (Annex. 7) passed by the respondent No. 2 Judge, Industrial Tribunal and Labour Court, Bhilwara be modified to the extent that the respondent No. 1 State of Rajasthan be directed to regularize the services of the petitioner on the post of Store Munshi or equivalent post.

(2.) IT arises in the following circumstances: The petitioner was appointed with the respondent No. 1 Department on daily wages basis vide order dated 24. 8. 1987 in Work Charge Establishment. The case of the petitioner is that from the date of his initial appointment i. e. 24. 8. 1987, the work, which was being performed and done by him, was of Munshi-cum-Bill Clerk, but however, the grade prescribed for Store Munshi was not given to him and instead he was being paid the salary meant for the post of Beldar/helper. Thereafter, the petitioner raised industrial dispute and the State Government vide Notification dated 19. 7. 1995 referred the industrial dispute to the respondent No. 2 Labour Court, Bhilwara on the point whether not giving of pay scale of the post of Store Munshi to the petitioner with effect from 24. 8. 1987 was proper and valid or not. Thereafter, both the parties submitted their respective claim before the respondent No. 2 Labour Court, Bhilwara. After hearing both the parties and after considering the entire materials and evidence on record the respondent No. 2 Labour Curt. Bhilwara through impugned judgment and award dated 21. 11. 2001 (Annex. 7) came to the conclusion that since the petitioner was performing and doing the work of Store Munshi from the date of his initial appointment i. e. 24. 8. 1987, therefore, he was entitled to the salary of the post of Store Munshi and thus, reference was answered in favour of the petitioner and the respondent No. 1 State of Rajasthan was directed to give the pay scale of Store Munshi to the petitioner with effect from 24. 8. 1987. Now, the main case of the petitioner is that since the respondent No. 2 Labour Court through impugned judgment and award Annex. 7 dated 21. 11. 2001 has come to the conclusion that the petitioner was entitled to the pay scale of the post of Store Munshi from the date of his initial appointment i. e. 24. 8. 1987, therefore, the respondent No. 2 Labour Court should have also decided that the petitioner was also entitled to regularisation of service on the post of Store Munshi with effect from 24. 8. 1987 and since that aspect was not decided, therefore, modification of the impugned judgment and award Annex. 7 has been sought in this writ petition or this matter be examined independently. A reply to the writ petition was filed by the respondent No. 1 State of Rajasthan in which it was submitted that since the matter of regularization of services of the petitioner on the post of Store Munshi was not referred to the respondent No. 2 Labour Court, therefore, that matter was rightly not considered by the respondent No. 2 Labour Court and furthermore, that matter was beyond the jurisdiction of the respondent No. 2 Labour Court. Hence, no case for interference is made out and this writ petition deserves to be dismissed.

(3.) APART from this, in a welfare State no one either in Government or private sector can escape the attainment of constitutional obligation of regularization of casual workers provided such engagement is made to (i) job of permanent and perennial nature, and (ii) there is express or hidden intention of the employer to camouflage this through intermediary.