S.K.Keshote, J. - (1.) As common facts and question of law involve in these two writ petitions and as such the same are being decided by this common order.
(2.) Briefly stated the facts of the cases are as follows:-- The U.P. Jal Nigam (herein after referred as the Jal Nigam) is a corporate body which undertakes to execute various schemes regarding the water supply and construction of Tube-Well etc. as and where required for the public purposes. To execute the schemes and the construction of Tube-Well the Jal Nigam employs persons on daily wages according to need and nature of work. On completion of the scheme and work the services of daily wages come to end automatically. In connection with Allahabad Water Supply, Reorganisation Scheme, Katra Pumping Plan was undertaken by the Jal Nigam and to execute the said scheme the petitioner No. 1 engaged number of employees on daily wages to carry out temporary work, which according to the nature and terms and conditions of employment was liable to be ceased on the completion of the work. The respondent No. 2 Shri Javed Hashmi in Writ Petition No. 891 of 1985 was appointed on February 13, 1981 under the aforesaid scheme as Chaukidar-cum -Pump helper on daily wages. It was a purely ad hoc appointment on daily wages. This scheme was prepared at the instance of Allahabad Jal Sansthan by Construction Division of the Jal Nigam. Though this scheme was to be executed by the Jal Nigam but on its completion was to be handed over to Jal Sansthan and whereafter it was for the latter to maintain and continue the working of the scheme by its own staff. This scheme was completed by the Jal Nigam and handed over the same to the Jal Sansthan. The services of the respondent No. 2 were terminated vide order dated March 31, 1982 He was paid wages till March 31, 1982.
(3.) The respondent No. 2 Shri Ram Pratap in Civil Misc. Writ Petition No. 4860 of 1985 was initially appointed purely on ad hoc basis on daily wages under petitioner No. 1 on November 13, 1988 in connection with supply of water in Magh Mela and his ad hoc services were to come to an end on February 28, 1981. . The respondent No. 2 was temporarily engaged on daily wages from March 27, 1981 to April 30, 1981 by the petitioner No. 1 in connection with a temporary scheme under taken by the Jal Nigam and named as Kul Bhaskar Ashram Degree College Drinking Water Supply Scheme. The respondent No. 2 lastly was engaged by the petitioner No. 1 purely on ad hoc basis on daily wages on May 1, 1981 in connection with the temporary scheme undertaken by it and named Allahabad Water Supply Reorganisation Scheme, Katra. He was engaged as Chaukidar-Cum-Helper. His services were also to come to an end on March 31, 1982 on completion and handing over of the aforesaid scheme to Jal Sansthan.;