Om Prakash - (1.) THE affidavit has been exchanged between the parties. THE writ petition is disposed of finally.
(2.) THE petitioners who are working as daily wage earners in the office of the respondents no. 1 and 2 claim to have been employed during period ranging from 1972 to 1981. This averment has been made in para 2 of the writ petition and that has not been replied at all by the respondents in the counter affidavit. THErefore, this remains uncontroverted that all the petitioners were employed as daily wage earners during the aforesaid period by the respondents no. 1 and 2. The petitioners approached the Service Tribunal, respondent no. 4 for regularisation of their services but their prayer was turned down by the respondent no. 4 by the order dated 30-3-1990 Annexure 2 to the writ petition observing : "The jurisdiction of the Tribunal is a narrow one and it cannot interfere or take those cases in which the violation of Article 14 of the constitution of India has been made." This is how the petitioners have come up to this court under Article 226 of the constitution of India. The short question for consideration is whether the petitioners who were, admittedly, employed as daily wage earners in the office of the respondents nos. 1 and 2 during the period from 1972 to 1982, are entitled to be regula rised.
(3.) THE preamble of the constitution of India promises socio-economic justice to the people of India fundamental rights in Part III of the constitution gurantee socio economic rights to the citizens and the Directive principles enshrined in the constitution, set out certain goals, which the state must strive to attain. THEse three together constitute the core and conscience of the constitution. THE constitution guarantees an equality, abhors discrimination, prohibits and penalises forced labour in any form whatsoever and extends protection against exploitation of labour including child labour. THEre are certain other provisions which enjoin on the State certain duties, for example, securing to all workers work, a living wage, just and human conditions of work, a decent standard of life, participation in management etc which are aimed at improving the lot of the working classes. The matter of regularisation of the services, particularly of those employees who have been working in the department uninterruptedly for a longtime, has to be seen in view of the aforesaid constitutional philosophy right to work and job security are the important goals to be attained It is possible only when the employees who are working for a long spells do not feel insecure in the matter of serv.ce tenure.;