PREM SHANKER ASOPA, J. - (1.) BY this writ petition, the petitioner is seeking an appropriate writ, order or direction to give him salary in the regular pay scale on the basis of principle of 'equal pay for equal work' with the further relief of regularization of his services including benefit of bonus, leave, HRA etc.
(2.) FACTS , in brief of the case, as per the petitioner, are that he was initially appointed on daily wages as Chowkidar in November, 1988. His services were initially terminated on 10.01.1991 and on reference the said termination was declared illegal by the Labour Court vide its Award dt. 16.01.1994 with the direction to reinstate him in service, continuity of service and payment of back wages. The said Award was challenged by the respondent Rajasthan Financial Corporation (in short 'the respondent Corporation') in S.B. Civil Writ Petition No. 1959/1995 but without success and the compliance order was passed on 02.02.1999. Since then, the petitioner is continuously was working as Chowkidar and by now, he has completed nineteen years of service but he is still continuing as daily wager. It is further stated in the writ petition that inaction of the respondent Corporation in not appointing the petitioner on permanent/regular basis on the post of Chowkidar and denial of pay on the principle of 'equal pay for equal work' is violative of Articles 14, 16, 21 and 39(d) of the Constitution of India. The petitioner has also raised the grievance that similarly situated employees have been regularized but he has not been so regularized which is discriminatory and the same is contrary to the judicial pronouncements on the issue. The respondent -Corporation has filed reply to the writ petition and submitted that the petitioner was never appointed in the establishment/cadre post of the respondent -Corporation. The respondent -Corporation has further submitted that daily wages are paid to the Chowkidars engaged on behalf of the Unit and such amount is debited in their account and no amount to such Chowkidars against pay is paid by the respondent -Corporation. Respondent -Corporation has further raised an objection that temporary/casual employment is ordinarily co -terminus with the Unit which is in possession of the respondent -Corporation till it is transferred. It is further stated in the reply that the petitioner is not entitled to regularization on the post of Chowkidar as well as payment of regular pay scale as his services are not covered under the Rules and Regulations of the respondent -Corporation.
(3.) THE petitioner has filed rejoinder and repeated contents of the writ petition with the addition that he mostly worked as Class -IV employee but occasional performed the job of Chowkidar as per the directions of the respondent -Corporation.;