GORU RAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THE petitioner, in the instant writ application, has approached this Court with the prayer under the relief clause, which reads thus: - -

(2.) SHORN off unnecessarily details, the indispensable skeletal materials facts necessary for adjudication on the controversy raised in the writ application needs to be first noticed. It is pleaded case of the petitioner that he was appointed as Class -IV Employee by the respondent number 2 with effect from 6th August, 1990, on daily wages basis @ Rs.20/ - (Rupees : Twenty Only) per day and continued as such until termination of services with effect from 24th October, 1991, by a verbal order. The petitioner successfully challenged the verbal termination order by raising an industrial dispute, which culminated into an award dated 19th April, 2000, by the Labour Court Number 2, Jaipur (Rajasthan). The respondent number 2 aggrieved of the award dated 19th April, 2000, unsuccessfully challenged the same before this Court in S.B. Civil Writ Petition Number 3721 of 2000, which was dismissed vide order dated 18th August, 2000. The intra -court appeal against the order dated 18th August, 2000, was also dismissed vide order dated 10th July, 2001. Consequently, the petitioner was reinstated in terms of the award dated 19th April, 2000. According to the petitioner, the action of the respondents in continuing him on daily wages basis is violative of the mandate of Article 14, 16, 21, 41 and 42 of the Constitution. Further, the practice of temporary/casual or ad -hoc appointment has been deprecated by the Hon'ble Apex Court of the land. The petitioner having served for more than 15 years deserves to be regularized on the post of Class -IV Employee with all consequential benefits.

(3.) I have carefully considered the pleadings of the parties and perused the materials available on record.