Ram Lakhan & Ors Vs. Union of India & Ors.
EmailAppeal: Writ Petitions (Civil) Nos.1516-17 & 1685 of 1987.
Petitioner: Ram Lakhan & Ors
Respondent: Union of India & Ors.
Apeal: Writ Petitions (Civil) Nos.1516-17 & 1685 of 1987.
Judges: A.P.SEN & L.M.SHARMA, JJ.
Date of Judgment: May 09, 1988
Head Note:
LABOUR LAW
Casual Labour – Reinstatement
Scheme of absorption or re-employment of casual labour – Claim for re-employment on the basis of seniority to be considered sympathetically.
JUDGEMENT:
O R D E R
1. The question for consideration is whether the petitioners are entitled to re-employment in terms of the decisions rendered by this Court in W.P.NO.1104/86, following the directions made in W.P.Nos. 12982, 7540-7711, 13041, 12703, 12487 and 12956/85. shri D.N.Goburdhan, learned counsel for the petitioners submits that if the petitioners were taken back in service, they would forego their claim for back-wages. On the other hand Shri Barua, learned counsel appearing for the respondents contends that the petitioners are disentitled to any relief since the petitions are belated in as much as their services were terminated in the year 1985 and they have approached the Court after about two years. Further, he contends that they belong to the category ‘Open Line Casual Labour’, and therefore not entitled to any relief on the basis of the order passed in W.P.No. 1104/86 or on the strength of the earlier decisions referred to therein., We do not want to be drawn into the controversy as to the category of service to which the petitioners belong or whether they are entitled to any relief.
2. We however think it necessary, in the interests of justice, to make the following direction: Notwithstanding that the petitioners did not approach this Court in time and the admitted period of non-employment, we feel that if the petitioners satisfy the requirements of the scheme for absorption or re-employment of casual labour of the category, if any, to which they belong, their claim for re-employment on the basis of seniority should be considered sympathetically by the respondents within a period of three months from today. This order of ours is subject to the condition that upon such re-employment they would forego their claim for back-wages.
3. Writ petitions are disposed of accordingly.
1. The question for consideration is whether the petitioners are entitled to re-employment in terms of the decisions rendered by this Court in W.P.NO.1104/86, following the directions made in W.P.Nos. 12982, 7540-7711, 13041, 12703, 12487 and 12956/85. shri D.N.Goburdhan, learned counsel for the petitioners submits that if the petitioners were taken back in service, they would forego their claim for back-wages. On the other hand Shri Barua, learned counsel appearing for the respondents contends that the petitioners are disentitled to any relief since the petitions are belated in as much as their services were terminated in the year 1985 and they have approached the Court after about two years. Further, he contends that they belong to the category ‘Open Line Casual Labour’, and therefore not entitled to any relief on the basis of the order passed in W.P.No. 1104/86 or on the strength of the earlier decisions referred to therein., We do not want to be drawn into the controversy as to the category of service to which the petitioners belong or whether they are entitled to any relief.
2. We however think it necessary, in the interests of justice, to make the following direction: Notwithstanding that the petitioners did not approach this Court in time and the admitted period of non-employment, we feel that if the petitioners satisfy the requirements of the scheme for absorption or re-employment of casual labour of the category, if any, to which they belong, their claim for re-employment on the basis of seniority should be considered sympathetically by the respondents within a period of three months from today. This order of ours is subject to the condition that upon such re-employment they would forego their claim for back-wages.
3. Writ petitions are disposed of accordingly.
