JHARKHAND VAN SHRAMIK UNION DALTONGANJ, SOUTH FOREST DIVISION, PALAMAU, DALTONGANJ THROUGH ITS PRESIDENT SIDDHI NATH JHA, SON OF LATE KOMAL NATH JHA, RESIDENT OF DALTONGANJ, PO & PS DALTONGANJ, DIST. PALAMAU Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner Jharkhand Van Shramik Union, a registered union of employees working on different Class IV posts, which initially approached this Court in C.W.J.C. No.1660 of 1996(R) for regularisation of 23 employees in service and again moved this Court in C.W.J.C. No.3453 of 1999(R) and W.P.(S) No.166 of 2003 with similar prayers, is aggrieved of order dated 05.11.2009 passed by the Conservator of Forest (Core Area), Tiger Project, Daltonganj whereby the claim for regularisation of its members has been rejected.

(2.) Heard.

(3.) The brief facts of the case disclose that, the petitioner union spousing the cause of its 23 members who were working on Class IV posts on daily wages submitted representations before the authorities which remained pending. Compelled, the petitioner approached this Court in C.W.J.C. No.1660 of 1996(R) which was disposed of vide order dated 28.08.1996 directing the respondent authority to take a decision on the representation of the petitioner union, in response thereof, the petitioner received communication dated 07.01.1997 from the Chief Conservator of Forest, Bihar through which, order dated 06.01.1997 was communicated to the petitioner and others. Order dated 06.01.1997 refers to Resolution dated 18.06.1993 of the Department of Personnel & Administrative Reforms and letters dated 04.10.1996 and 13.11.1996 which are the communications for preparation of panel for appointment of eligible candidates who were working on daily wages. Vide order dated 06.01.1997, the Chief Conservator of Forest, Bihar ordered verification of the application/ representation of the petitioner union and for forwarding the same to a Committee constituted for considering its claim. It appears that when final decision on the claim for regularisation of the daily wages employees working in the Tiger Project, Palamau was not taken, the petitioner union came to this Court in C.W.J.C. No.3453 of 1999(R). The writ petition was disposed of vide order dated 07.06.2001, directing the respondent State to take appropriate decision for regularisation of services of the daily wages employees against the sanctioned posts or the future vacancy, in accordance with law. The respondent State, thereafter, issued letter dated 12.06.2002 for engaging the employees on daily wages who had been working prior to 1985 till a scheme is formulated and preliminary scrutiny of the daily wages employees working there is conducted. Due to delay on the part of the respondent authorities, the petitioner union again approached this Court in W.P.(S) No.166 of 2003, in which vide order dated 04.07.2008, the respondents were directed to file a supplementary counter affidavit disclosing the period within which a final decision regarding the regularisation of the daily wagers would be taken. Again, vide order dated 22.12.2008 the respondents were directed to disclose the number of vacant posts for the Buffer area and Core area of Tiger Project, Palamau. The said writ petition was finally disposed of vide order dated 01.04.2009, directing the respondents to take a decision within three months in the light of the affidavits filed in the said writ proceeding. Impugned order dated 05.11.2009 has been passed in compliance of the aforesaid direction issued by this Court in W.P.(S) No.166 of 2003.