Excelsior Correspondent
SRINAGAR, June 14: The High Court today directed the authorities to allow casual labourers in Sheep and Animal Husbandry Department to continue in lieu of their engagement orders as they have been engaged on need basis prior to ban order.
Justice Ali Mohammad Magrey while deciding about 9 petitions challenging therein the ban order of 2015 with regard to engagement of casual labourers in Government Departments said the plain reading of the Government Order No. 43-F of 2015 dated 17.03.2015, makes it emphatically clear that the authority to engage casual/ seasonal labourers to various departments as delegated with such power vide Governments orders mentioned in the order or any other order has been withdrawn with immediate effect.
Justice Magrey questioned whether the engagements made before the issuance of the said Government order are also required to be withdrawn or it is only dealing with the future practice of such engagements.
“The Court is of the considered view that the order mentions a ban for such engagements prospectively and not retrospectively as is stated to be construed by certain Authorities. Having said that the engagements made prior to the issuance of the Government Order Supra stand separated and kept out of its purview”, Court recorded in the judgment.
Therefore, court said, the petitioners in these petitions whose engagements are made prior to the issuance of the Government Order dated March 17, 2015 cannot be proceeded against and disengaged in application of the said Government order.
Court as such directed the authorities to continue the petitioners as Casual Labourers on need basis in terms of their engagement orders and be given the benefit which has accrued to them in terms of policy decision of the Government.
These casual labourers have been engaged on need basis in Sheep Husbandry Department with one-day break after every 89 days, in the year 2014, for a monthly remuneration of Rs. 3000. They approached the court by way of filing of these writ petitions separately as they were apprehending their ouster in view of issuance of a Government Order No. 43-F of 2015 dated 17th March, 2015, by virtue of which the Government imposed a complete ban on the engagement of casual/ seasonal labourers in Government Departments/ State owned Public Service Undertakings.
“While so holding the court is further conscious of the fact that the writ petitions are filed by the petitioners on the basis of mere apprehensions. The only cause of approaching this Court is shown to be some unspecified action of the respondents of disengaging certain similarly placed persons”, court said.
Court further added that the authorities have exceeded their jurisdictional authority and by wrong interpretation of Government Order of 2015 have disengaged some of the petitioners in some writ petitions.
Needless to mention that the authorities while disengaging some of the petitioners have made reference to the Government Order No. 384-GAD of 2015 dated 17.03.2015 and letter no. DSHK/Gen-23/inf/2015/0483-512 dated 18.04.2015. The Government order and the circular issued by the Government pertained to the engagements/ arrangements made by different departments/ Public Sector Undertakings/ Boards/ Autonomous Bodies under any scheme against sanctioned posts without any selection procedure, even on contractual basis.
Court said, the application of the Government Orders/ Circular instructions to the case of the petitioners having reference to their disengagement is by sheer abuse of power and by wrong application of these orders as such allowed the relief sought by them in their petitions.
Court in this connection quashed all the orders issued by the respondents subordinate departmental authorities disengaging any of the petitioners, in application of Government Order No. 43-F of 2015 dated 17.03.2015 by further directing them to continue the petitioners as casual Labourers on need basis in terms of their engagement orders and be given the benefit which has accrued to them in terms of policy decision of the Government.
Court also directed the authorities to release the unpaid wages in favour of the petitioners forthwith. These directions, court said, shall favour only the petitioners whose engagement is made prior to issuance of Government Order dated 17.3.2015 and the same cannot be applied on them.
Follow our WhatsApp channel
