MOHAN SINGH Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1986-9-101
HIGH COURT OF RAJASTHAN
Decided on September 25,1986

MOHAN SINGH Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

MAHENDRA BHUSHAN SHARMA,J. - (1.) .The above two writ petitions raise an identical question, the facts are also identical and, therefore they are going to be disposed of by a common order.
(2.) THE petitioner Mohan Singh in S.B. Civil Writ Petition No. 2291/86 was appointed vide order dated July 3, 1978 on the post of Cattle Guard on work -charged basis in the Forest Department. Though initially his appointment was on payment of Rs. 5/ - per day but later -on the Government revised the wages of the daily rated workers and the petitioner is now getting Rs. 11/ -per day. He is working on daily wages since the date of his appointment though he has been transferred from one office to the other office and is presently working in the office of Forest, Sendra Range, District Pali. S.B. Civil Writ Petition No. 1319/84 is filed by Van Vibhag Employees Union, Churu and the case of the Union is that it is a registered Trade Union bearing No. RTU/1981 and represents the majority of the employees of the Forest Department and has been espousing the cause of the employees, raising reasonable demands from time to time for the benefits of the employees. Most of the employees are appointed in the Forest Department on workcharged basis on the muster rolls and they are being continued on the muster rolls for a long time without getting the status, either of the semi -permanent or permanent and even after completion of the two years or ten years service, other benefits are not being provided to them though they are being provided to the other work -charged employees of the other departments like P.W.D., PHED and Irrigation, etc.
(3.) THE case of the petitioners is that respondent No. 1 issued an official order No. F7 (396) Ra.K/71 dated 8 -5 -1973 to respondent No. 2 directing him to implement the standing orders which were duly approved by the Government. Though departmental service regulations were termed as Standing Orders, but they were not under the Industrial Employment (Standing Orders) Act, 1946 (for short the 'Act'). Therefore, it cannot be availed of by raising an Industrial Dispute by an individual worker. It has been prayed that the petitioner Mohan Singh and the other workers who ate represented by Van Vibhag employees Union be ordered to be governed by the service conditions either under the Workcharged Service Rules, 1973 or by the Rajasthan Service Rules. A notice was issued to the Government of Rajasthan, but surprisingly no reply has been filed.;


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