N.K.Mitra, C.J., M.Katju, J. - (1.) This special appeal has been filed against the judgment of the learned single Judge dated 5.8.1999.
(2.) We have heard Sri Ashok Khare, learned counsel for the appellant and the learned standing counsel. The appellants had been appointed as daily wage employees in the service of the respondent in December, 1985 and October. 1988 respectively, and since then have been in continuous service. It is alleged that the respondents had regularised the services of some similarly circumstanced employees while not regularising the services of the appellants. Those who were regularised are Badruddin son of Kamaluddin. Ghulam Hussain son of Iqbal Hussain. Arun Kumar son of Raja Ram. Amar Raj son of Abhai Raj who were working as Mate. The respondents also regularised the services of Ghulam Kadir son of Alauddin. Ramesh son of Mewa Lal and Amrit Raj son of Mewa Lal as Beldar but the appellants have not been regularised.
(3.) In our opinion, the Department cannot keep a person as temporary or on dally wage basis indefinitely. It is indeed unfortunate that some employees are often kept on dally wage basis or on temporary basis for years on end. No doubt ordinarily confirmation of a temporary employees is the prerogative of the employer, but the employer cannot act arbitrarily in this regard. As held by the Supreme Court in Maneka Gandhi v. Union of India, AIR 1978 SC 597, arbitrariness violates Article 14 of the Constitution. Hence the authorities must act in a non-arbitrary manner. In our opinion, in this case the respondents have acted in an arbitrary manner by keeping the petitioners on dally wage basis for such a long period. The appellant No. 1 was appointed In 1985 and the appellant No. 2 in 1988 and hence they have been in service for 14 and 11 years respectively.;