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| Daily Wagers engaged in WB project can’t claim regularization: High Court | | | Early Times Report
Jammu, Jun 17- The Jammu and Kashmir State High Court today dismissed a petition filed by the Daily Rated Workers seeking regularization under SRO 64 of 1994.
Justice Sunil Hali of J&K High Court Jammu Wing while dismissing the petition filed by the DRW engaged in the Social Forestry Department on April 1, 1995, observed that petitioners would not be entitled to any regularization under SRO -64 of 1994 as the petitioners were not engaged for rendering service to the department but were engaged in the project which was financed by the World Bank. Since the social forestry project was bind-up, nothing survives in the project wherein the petitioners were engaged.
The petitioners who were appointed as Daily Rated Workers with effect from April 1, 1995 were engaged on the project executed by social forestry department. It is stated that the petitioners have been continuously working ever since there engagement and have been paid their salary up to January 2001. Ever since their salary has not been released, they claimed the benefit of SRO-64 of 1994 for being regularization after the completion of seven years of service. On the other hand the respondents submitted that petitioners came to be engaged as casual workers in the social forestry project in the year 1995 and have no right to maintain the petition in view of the order passed by the Government on February 2, 2001 that the social forestry project being run in faced manner on the basis of aid provided by the World Bank and the aid provided by the World Bank has since been stopped and Government has already issued order for binding up social forestry project and there is hardly any work left with the respondents. The petitioners stand disengaged with effect from February 5, 2001 whereas the social forestry project stands wind-up vide Government order June 14, 2001.
Justice Hali also referred various judgments of the Supreme Court of India and observed that there is no force in this petition and hence dismissed. However, the respondents will consider the case of the petitioners for regularization against any available future vacancies on the recommendations of the Committee to be constituted by the GAD for the purpose. This direction will be strictly in consonance with Government order No 640-GAD of 2001 dated June 14, 2001, court clarified. JNF
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