- (1.) This batch of writ petitions since involve a common question, are disposed of by the present order.
(2.) As alleged in the writ petitions, the petitioners by and large are members of registered Unions with the Public Health & Engineering Department and working under the Janta Jal Yojna in various Districts and their grievance is that at one stage, selection process was initiated by the respondents pursuant to their advertisement dt.08.08.2013 but one of the Union-Pradesh Janta Jal Yojna Shramik Union filed a writ petition before this court - CWP No.15605/2013 seeking direction that the members of Union who are working on the post of Pump Driver, Helper, etc. are working for a long time must be regularized and the process of selection which the Government initiated pursuant to the advertisement dt.08.08.2013 may be processed after the process of regularization of serving employees working in Janta Jal Yojna is finalized but the writ petition came to be dismissed by the Single Bench of this court. The Division Bench of this court in D.B.Special Appeal (Writ) No.1053/2013 passed order dt.31.10.2014 and para 14-17 which are relevant are reproduced ad infra:- "14. The observations made by the Division Bench, were in the context of determining as to who is the 'employer' under Section 2(e) of the Minimum Wages Act, 1948. The Court was not examining whether the respondents in that case were appointed on the cadre posts, or on any post under the Rules of 1967 for regularization or in any permanency in employment. It was only for a limited purpose of finding out as to who is the employer for the purpose of paying the minimum wages. The qualification, eligibility and experience for (31 of 34) [ CW-17964/2016] the post was not considered, nor was required to be considered by the Court. These findings do not, in any manner, give any right to the appellants in this Special Appeal, to either claim regularization, or to stall the regular appointments, to be made regularly on the cadre posts, described in the Schedule. We are, thus, in agreement with the findings recorded by learned Single Judge that the appellants do not have any right for regularization. In view of these findings he erred in law in observing that their cases are pending for consideration of regularization. There was no occasion in the matter, after denying the right for regularization, to make any further observation. 15. We however find that the members of the appellant-Union, even if they are not discharging their duties, as against any post in the Department under the Rules, have a right to be considered for appointment, provided they are eligible, qualified, and possess the requisite experience for the advertised posts. 16. We are informed that 1306 posts of various categories have been advertised, whereas the appellants are 2485 in number. We have no doubt that most of the members of the appellant-Union must have applied in pursuance of the advertisement, if they are eligible and experienced. If however any of them has not applied, in the hope of getting some relief of regularization in this Special Appeal,which we have decided today, must be given an opportunity, if he is eligible, qualified and possessing requisite experience to apply for the advertised posts. 17. In view of the above, we direct that the respondents will issue necessary advertisement within three weeks, making it open for the members of the appellant-Union only, for those who have not applied, to apply for the posts, advertised vide advertisement dated 08.08.2013 within a period of 15 days from the date of advertisement, and to consider the applications made by the appellants, provided they are eligible, qualified, and possess requisite experience for selection to the posts under the Rules of 1967."
(3.) In compliance of order of the Division Bench of this court, reference has been made supra, a notice came to be published on (32 of 34) [ CW-17964/2016] 11.11.2016 calling upon the applications from the members of appellant-Pradesh Janta Jal Yojna Shramik Union at whose instance the special appeal was preferred. At this point of time, the other batch of writ petitions were filed by different Unions and their grievance was that if the member of one Union are being permitted to participate in the selection process, there appears no reasonable justification in not permitting the other members of the Union who are similarly situated and serving in various Janta Jal Yojna.;