R.R.K. Trivedi, J. - (1.) Both the petitioners are employees of Mayo Hall Sports Complex, Allahabad. According to the writ petition, the petitioner no.1 is working as Electrician and he was appointed on 22nd September, 1980 on daily wages at the rate of Rs. 15/- per day. He is working since then without any break. However, the respondents have not regularised his services on the post he is working for the last ten years. The petitioner no. 2 was appointed similarly on 16th March, 1980 on daily wages at the rate of Rs. 15/- per day. He is also working on the post since his appointment without any break and the grievance of the petitioner no.2 is identical. A counter-affidavit has been filed on behalf of the respondents in which it has been alleged that there is only one post of Electrician-cum-Tube-well operator in the complex which has already been filled by regular appointment and the petitioner no. I is working only as an assistant to the Electrician-cum-Tube-well operator. The petitioner, 110.2 is'' discharging his duties as ground staff since his appointment. From the averments made in the counter-affidavit it appears that both the petitioners are working and serving the complex for such a long time on daily wages and the services must have been necessary for running the complex and so their services could not be dispensed with. It has been well settled now that an employee cannot be kept on daily wages for an indefinite period and if it done so, it is violative of Articles 14 and 16 of the Constitution of India. A Division Bench of his Court in a case reported in 1990 (61) FLR 68 - 1990 LLR 515, has already taken the view that the employees cannot be continued on daily wages for such a long time and the above case also related to the employees of Mayo Hall Sports Complex, Allahabad. The respondents have no justification for not regularising the petitioners on the posts on which they are working. In the facts and circumstances of the case, the respondents are directed to regularise the services of petitioners and absolve them on permanent basis on the posts on which they are working. Necessary formalities for the same shall be completed within three months.
(2.) The writ petition is allowed. There will be no order as to costs.;