R.B. Mehrotra, J. - (1.) Thirty two petitioners, who were appointed as Routine Grade Assistants by the High Court, Allahabad on daily wage basis, challenged the order of termination passed against them by the Registrar of the High Court. Allahabad on 29th September, 1988. The order is a one line order saying "following daily wages employees are ceased to work with effect from October 1, 1988 forenoon". Thereafter the names of all the present 32 petitioners are mentioned and the order is signed by Sri P. C. Agarwal, Incharge Registrar of the High Court.
(2.) A background of the appointment and termination of the petitioners is set out in the counter-affidavit filed on behalf of the High Court, Allahabad.
(3.) The then Hon'ble the Chief Justice (Mr. K. J. Shetty) on 29th of April, 1987 issued a direction to the effect that some hands of the category of Routine Grade Assistant may be appointed on ad hoc basis and that the appointment will be purely contractual and will be terminable at any time without any notice. It was further directed that the candidates to be appointed as such shall be required to sign a contract to the said effect before their appointment. Subsequent thereto with the approval of the Hon'ble Chief Justice, some candidates were engaged on daily wages at the rate of Rs. 25/- per day. A total of 43 candidates were appointed on daily wage basis on their furnishing undertakings. Out of 43 candidates, 38 were appointed at Allahabad and 5 at Lucknow. The copy of the agreement has been filed with the counter-affidavit. The petitioners were appointed purely on contractual basis on daily wages at the rate of Rs. 25/- per day as per terms and conditions as laid down in the court's memorandum. The appointment letter issued to each of these petitioners has been filed as Annexure '1' to the writ petition and it is averred that similar appointment letters were issued to all the petitioners. In the appointment letter, it is stated "that (the Court has been pleased to engage him on daily wage @ Rs. 25/- per day. He will not be entitled to any wages for Sundays and other holidays unless called for work. He will also not be entitled to any kind of leave etc. His services can be dispensed with at any time without notice and he will have no claim for absorption/regular appointment on any post in the office of the court.;