HC directs for deciding fate of casual labourers in Forest Dept

Excelsior Correspondent

Srinagar, Dec 10: High Court has directed the constituted committee to submit its report with regard to engagement of casual labourers in Kulgam Forest Division before the Chief Conservator Forests and directed him to decide the fate of engaged casual labourers in the division.
Hearing the petition of number of casual labourers who are seeking their status as casual labourers shall not be disturbed and they be allowed to continue their service in the department, Justice Ali Mohammad Magrey directed the committee already constituted to ascertain the engagement of these casual labourers shall submit its final report before the Chief Conservator of Forests, Kashmir.
Court directed the Chief Conservator Forests that on receipt of the report from the Committee, he shall, after hearing these casual labourers, pass appropriate orders with regard to their claim for continuation, payment of wages, regularization/ etc “Let the aforesaid exercise be completed within a period of three months’ time from the date of receipt of this Order”, Justice Magrey directed.
These directions followed after the perusal of the pleadings on record by Justice Magrey which reveal that the Respondent-Department appear to have constituted a committee with regard to engagement of casual labourers in Kulgam Forest Division.
This committee, court said, appears to have been tasked to scrutinize all the records pertaining to the matter and submit its report and findings. Besides, the respondents are on record to have stated that the Committee constituted for the purpose is presently scrutinizing all the records of the casual laboures working in Forest Division Kulgam and that the final report thereof is yet to be received.
Justice Magrey after hearing the counsel for the parties and nature of controversy involved in the matter said, the claim of the petitioners for seeking regularization of their services in the respondent department has become a disputed question of fact in view of the denial of the respondents qua the very status of the petitioners as casual labourers.
Court added that the petitioners have not been able to make reference to any such pleading or document which would clearly substantiate their claim of working in the respondent department as ‘casual labourers’ and thus make them entitled for the claim of regularization of their services in accordance with the rules governing the field.
The respondent-department on the other hand categorically stated that even though the Petitioners might have performed some tasks assigned to them by the Respondent Department at some stage, that does not give them the status of having been engaged as Casual Labourers in the Respondent Department.
” The documents placed on record by the petitioners alongside the Writ Petition as well as with the Rejoinder Affidavit filed by them have categorically been denied by the respondent-department and this court, in exercise of jurisdiction conferred under Article 226 of the Constitution of India, cannot go into a fact-finding mission so as to ascertain the veracity of the rival disputed claims raised by the parties requiring consideration of evidence which is not on record”, Justice Magrey concluded.