- (1.) HEARD the Parties finally.
(2.) 2005(3) JLJR 38(F.B.)], Ram Prasad Singh vs. State of Jharkhand and Others and analogous cases. Mr. Mehta, appearing for the respondents, submitted that as per the counter affidavit, petitioner No. 1 Rajbansh Pandey was in muster roll as daily wages in work -charge establishment between 10.3.1973 to 31.3.1975 but from 1.4.1975 he was retrenched along with other daily wages employees. Again he was engaged on 15.1.1980 as Godown Chowkidar in Gumla (Senha) on daily wages basis. Petitioner No.2, namely. Sk. Israij was engaged as daily wager on 31.12.1979 and again in the year 1986 he was engaged on temporary basis vide Memo No. 208 dated 6.10.1986 (Annexure -4). Petitioner NO.3 Sambhu Deo Bhagat was engaged on daily wage basis on 22.8.1982. Therefore, petitioners were engaged on daily wages and were never given any pay scale, rather they worked on muster roll/daily wages basis. No amounts of provident fund, etc. were also deducted.
(3.) IN reply, Mr. Shrivastava submitted that by the said Annexures -2, 3 and 4, it will appear that the petitioners were engaged in work -charge establishment against sanctioned and vacant posts and against pay scale, but in the counter affidavit it is stated that they worked as daily wagers.;