- (1.) We have heard Mr. Sehgal for the appellants and Mr. Goel for the respondents. Special leave granted.
(2.) The appeal is by the Madhyamik Shiksha Parishad, State of U.P., against the judgment dated 11-1-91 by the High Court of Judicature at Allahabad in Civil Misc. Writ Petitions Nos. 10718/88, 11144/88, 20882/ 88, 48531, 189, 18796/ 89, 26515/ 90 and 35389/91. In the year 1986, appellant engaged the respodents for the work of preparing certificates to be issued by the appellant to the successful candidates at the examinations conducted by it. The certificates were printed forms and respondents were required to fill up the particulars such as the name of the candidate, name of the school, date of birth etc. in the appropriate space. The respondents were paid initially Rs. 12/ - for 100 certificates which was subsequently raised to Rs. 20/-. It would appear that there was a back-log of certificates to be cleared and the services of the respondents were engaged to clear that back-log on payment ad quantum. The backlog having been cleared and the preparation of the certificates in future having been computerised, the services of the respondents were not continued to be utilised. Respondents did the work of clearance of the back-log for a period ranging from one to two years before the assignment was discontinued.
(3.) Respondents challenged this discontinuance of their services in the writ petitions from the order in which these appeals arise. The High Court was persuaded to the view that respondents were casual workmen who had completed 240 days of work; that the preparation of the certificates was referable to certain statutory obligations of the appellant; that the discontinuance of services of the respondents was not legal and that they were entitled to reinstatement. Accordingly, the High Court directed the appellant to take respondents back to service as casual workers and continue their service upon payment of wages admissible to the regular employees doing similar work. The High Court further directed that respondents be considered for regular appointment as Lower Division Clerks as and when these posts are filled up on the basis of their qualifications and seniority as daily wages labourers and that the services of the respondents shall not be dispensed with till they were absorbed on a regular basis.;