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| Need based worker has no legal enforceable right: HC | | |  Early Times Report
Jammu, Mar 3: Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court (Srinagar Wing) has held that a need based worker has no legally enforceable right to continue in service once the employer decides that his services are not needed.
No enforceable right has accrued in favour of the petitioners to continue as casual labourers with the respondents in view of the conditions attached to their engagement.
Justice Sanjay Dhar further said that the fact that the petitioners were engaged only on casual basis does not entitle them to continue in similar arrangement once the respondents do not have any requirement for their services. Thus, the impugned consideration orders passed by the respondents do not deserve any interference by this Court. For the foregoing reasons, I do not find any merit in these writ petitions. The same are dismissed accordingly, interim direction(s), if any, shall stand vacated.
As per case of the petitioners, they were engaged as casual labourers by the respondents in the year 1998. It has been contended that the petitioners approached this Court by way of writ petition bearing SWP No.2757/2015 against their indiscriminate and arbitrary disengagement. The said writ petition came to be disposed of by this Court in terms of order dated 27.04.2017, whereby a direction was issued to the respondents to consider the claim of the petitioners for re-engagement as casual labourers if there is any need. It has been further contended that the petitioners again invoked writ jurisdiction of this Court by way of SWP No.2005/2017 after they had obtained certain important documents through RTI. In the said writ petition, the petitioners had sought a relief that the respondents should treat them at par with similarly situated persons who have been included in the consolidated list of casual labourers prepared by the respondents. The petitioners had also sought a direction that they should be given the benefit of Cabinet Decision No.99/2007/014 dated 03.06.2014. (JNF) |
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