BHAGAT RAM Vs. SATLUJ JAL VIDYUT NIGAM LTD
LAWS(HPH)-2004-6-10
HIGH COURT OF HIMACHAL PRADESH
Decided on June 11,2004

BHAGAT RAM Appellant
VERSUS
SATLUJ JAL VIDYUT NIGAM LTD Respondents




JUDGEMENT

LOKESHWAR SINGH PANTA, J. - (1.)PARTAP Singh petitioner No. 1, Sarwan Kumar petitioner No. 2, Bhagat Ram petitioner No. 3 and Parma Nand petitioner No. 4 filed this writ petition under Articles 226 -227 of the Constitution of India seeking the following reliefs:
(i) The respondents may be ordered to regularize the services of the petitioners as Attendants/Peons from the respective dates since when such vacancies become available with them and they may be required to pay all the consequential service benefits, and seniority etc. (ii) The respondents may be required to maintain seniority -list of the Attendants/Peons so that no discrimination is caused in any manner to the petitioners, (iii) That on the principle of 'equal wages for equal work', respondents may be ordered to pay such wages as are permissible to regularly recruited Attendants/Peons with effect from February, 1991, when each of the petitioners joined duties as Attendants/Peons, (iv) The respondents may be ordered to produce all the relevant record for the perusal of this Hon'ble Court so that the subject -matter of controversy may be determined in accordance with law. (v) Any other suitable relief as deemed fit under the facts and circumstances of the case may kindly be allowed in favour of the petitioners and against the respondents. It may be pointed out at this stage that during the pendency of the writ petition, petitioner No. 1, petitioner No. 2, the petitioner No. 4 filed two applications being C.M.P. No. 940 of 2000 and C.M.P. No. 1399 of 2001 for withdrawal of the writ petition on their behalf. The Division Bench vide orders dated 9.8.2000 and dated 24.9.2001 permitted the said petitioners to withdraw the writ petition and their names were ordered to be deleted from the array of the petitioners.

(2.)NOW the present petition is survived only on behalf of the petitioner Bhagat Ram. Name of Nathpa Jhakri Power Corporation Ltd. respondent No. 1 was also ordered to be substituted by Satluj Jal Vidyut Nigam Ltd. as respondent No. 1.
It is the case of the petitioner that pursuant to the requisition issued by the respondent on 19.12.1990, his name was sponsored by the Employment Exchange, Shimla for appointment as daily wage paid Attendant/Peon. The petitioner appeared in the interview. He was accordingly selected and engaged as Attendant/Peon on daily wage basis. He joined his duties on 18.2.1991 and since then he has been continuously working as daily wage paid Attendant/Peon in the office of Manager (Personnel) respondent No. 3 herein. The petitioner stated that there are vacancies of regular Attendant/Peon available with the respondents in their different offices at Delhi, Jhakhri and Shimla. He represented to the respondents in the month of April, 1993 for regularization of his services as his name from the role of Employment Exchange had already been struck off. He contended that he has been working to the entire satisfaction of the respondents and on the principle of 'Equal pay for equal work', he is entitled to the same salary as was being paid to regular employees. According to the petitioner the respondent No. 3 on 19.4.1993 recommended his case to the higher authorities for bringing him on regular cadre of Attendants/Peons but the competent authority of the respondents has failed to take any decision on the said recommendation. On the oral and written request of the petitioner on 13.9.1994, respondent No. 3 again recommended his claim to the Director (Personnel) respondent No. 2 herein for consideration for appointment on regular basis. Similar recommendation was made by respondent No. 3 to respondent No. 2 on 8.11.1994. The respondent No. 2 has not regularized the services of the petitioner nor he is being paid wages equal to the regular appointed Attendants/Peons w.e.f. 19.4.1993.

(3.)THE petitioner has given the names of some persons in paragraph 9 of the petition who have been recruited Attendants/Peons on regular basis w.e.f. 1st January, 1995 by the respondents whereas the claim of the petitioner has not been considered. On these premises the petitioner prays for the above said reliefs in this writ petition.


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