The High Court on Friday dismissed a plea by causal laborers of Public Health Engineering Department who were seeking directions for their regularization.
At least 106 petitioners who had claimed to have beenengaged as casual labourers in PHE Department, Budgam, in 2005, 2006 and 2007were seeking regularisation under Jammu and Kashmir Daily Rated Workers / WorkCharged Employees (Regularisation) Rules, 1994.
“The law laid down is that where a casual labourer hascontinued to work for a sufficiently long period, it would not be apt to callhim having been appointed on casual basis, and he would be entitled toregularization under the 1994 Rules,” reads a judgment delivered by Justice AliMohammad Magrey.
The Court, however, said the word used is “continued” whichmeans a person who is appointed for a month or two during a calendar orfinancial year on need basis and is, thereafter, again engaged in somesubsequent year for a month or two would not fall in such category.
With regard to the muster rolls of the petitioners, thecourt said: “Perusal of these muster rolls reveals that half of these are thecopies of the other half, and a person shown to have been engaged during aparticular period hardly has been engaged again during the other months andeven if an engagement is repeated it is made, at best, for one more month aftera considerable gap”.
“In any case, there is no document evidencing that any ofthe petitioners continued month after month as a casual labourer for asufficiently long period to entitle him to the benefit claimed for in terms ofthe judgment relied upon by the petitioners,” the Court added.
In 1994, pursuant to Administrative Council Decision No. 14dated 24.01.1994, the Government issued order No. 26-F of 1994 dated 31.01.1994providing for regularisation of daily rated workers/work charged employees interms of the conditions laid down therein, and withdrawing the practice ofengaging daily wagers/ daily rated workers in the Government in any form.
While the petitioners had contended that they were engagedcontinuously, the officials had rejected their claim, stating that some needbased casual labourers were engaged in 2005 but they had not continued in thedepartment.
The officials said in order to verify the casual labourersworking in the Division a committee was constituted in 2011-12 for physicalverification of such labourers which was headed by the Superintending Engineer,Hydraulic Circle Budgam.
However, the officials said that the petitioners failed tosubmit the required documents before the Committee and were found noteligible.