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| HC dismisses plea by 106 persons seeking regularization | | | Early Times Report
Srinagar, June 7: The High Court today dismissed a petition filed by 106 persons, seeking directions for their regularization by treating them to have been engaged as daily rated workers under Jammu and Kashmir Daily Rated Workers / Work Charged Employees (Regularisation) Rules, 1994.
The 106 petitioners had claimed to have been engaged as Casual Labourers in the Public Health Engineering (PHE) Department, Budgam, in the years 2005, 2006 and 2007 and to be continuing till date. "The law laid down is that where a casual labourer has continued to work for a sufficiently long period, it would not be apt to call him having been appointed on casual basis, and he would be entitled to regularisation under the 1994 Rules," a bench of Justice Ali Mohammad Magrey observed.
However, the court said that the word used is "continued" and this has to be borne in mind, meaning thereby a person who is appointed for a month or two during a calendar or financial year on need basis and is, thereafter, again engaged in some subsequent year for a month or two would not fall in such category.
The court gave resume of the practice of engagement of Casual / Seasonal Labourers in the Works Departments of the State, underlining that it has been in vogue since long.
In 1994, pursuant to Administrative Council Decision no.14 dated 24.01.1994, the Government issued order no. 26-F of 1994 dated 31.01.1994 providing for regularisation of daily rated workers / work charged employees in terms of the conditions laid down therein, and withdrawing the practice of engaging daily wagers / daily rated workers in the Government in any form.
The order, however, retained the concept of casual labourers / seasonal labourers for specified development works. Such casual labourers / seasonal labourers were provided to be engaged on muster rolls for payment of wages and no engagement / appointment orders were to be issued, the court said. Subsequently, the Finance Department issued SRO 64 dated 24.03.1994, notifying the Jammu and Kashmir Daily Rated Workers / Work Charged Employees (Regularisation) Rules, 1994, which came into force with effect from 01.04.1994. |
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