MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) .The above two writ petitions raise an identical question, the facts are also identical and, therefore they are going to be disposed of by a common order.

(2.) THE petitioner Mohan Singh in S.B. Civil Writ Petition No. 2291/86 was appointed vide order dated July 3, 1978 on the post of Cattle Guard on work -charged basis in the Forest Department. Though initially his appointment was on payment of Rs. 5/ - per day but later -on the Government revised the wages of the daily rated workers and the petitioner is now getting Rs. 11/ -per day. He is working on daily wages since the date of his appointment though he has been transferred from one office to the other office and is presently working in the office of Forest, Sendra Range, District Pali.

(3.) THE case of the petitioners is that respondent No. 1 issued an official order No. F7 (396) Ra.K/71 dated 8 -5 -1973 to respondent No. 2 directing him to implement the standing orders which were duly approved by the Government. Though departmental service regulations were termed as Standing Orders, but they were not under the Industrial Employment (Standing Orders) Act, 1946 (for short the 'Act'). Therefore, it cannot be availed of by raising an Industrial Dispute by an individual worker. It has been prayed that the petitioner Mohan Singh and the other workers who ate represented by Van Vibhag employees Union be ordered to be governed by the service conditions either under the Workcharged Service Rules, 1973 or by the Rajasthan Service Rules. A notice was issued to the Government of Rajasthan, but surprisingly no reply has been filed.