Excelsior Correspondent
Srinagar, Aug 21: High Court has dismissed the plea of casual labourers appointed in J&K Project Construction Corporation (JKPCC) seeking continuation of services by citing that engagement of casual labourers by various departments has been withdrawn by the Government as such their claim is devoid of merit.
The petitioners came to be engaged on need basis in 2009-2010 by the then Deputy General Manager, JKPCC Ltd Kulgam on his own, without approval from the competent authority and in 2015, the Government came up with an order 17.03.2015, whereby the authority given to various departments to engage casual and seasonal labourers was withdrawn with immediate effect
“From a perusal of Government Order dated 17.3. 2015, it clearly transpires that the authority to engage casual and seasonal labourers delegated by the various departments was withdrawn with immediate effect and as a natural consequence of withdrawal of the authority, none of the authorized departments, including the respondent-Corporation (JKPCC), was left with any authority to engage the casual/seasonal labourers in their departments/corporations”, Justice M A Chowdhary said while dismissing the plea in hand.
Court was informed that the petitioner-labourers were engaged by the incompetent authority, devoid of any legal sanction or legal competence and the Finance Department issued the order on 17.03.2015, in terms whereof it was ordered that the authority to engage casual/seasonal labour stood withdrawn with immediate effect; that in pursuance of the said order.
The aggrieved petitioners that the Deputy General Manager JKPCC is the competent authority to engage casual labourers as he had engaged the maximum number of casual labourers in the Corporation but only they have been targeted.
Justice Chowdhary said that vide SRO 64 the Government put a complete ban on the fresh engagements of daily rated workers and work-charge employees in any of the department of the Government by providing that with effect from the commencement of the Rules, no field/subordinate officer shall have any power for engagement of daily rated workers or work-charge employees in the department and the existing delegation, if any, in this regard shall stand withdrawn.
Court has further clarified that the respondent-Corporation had no authority to extend the engagements or permit the petitioners to continue on need basis for the reason that the authority under which the petitioners were being engaged from time to time stood withdrawn by the Government and services of the petitioners were no more required.
“Undoubtedly, the Government vide its order in the year 2015 is prospective in operation and would have the effect of taking away the authority of the respondent-Corporation to extend the engagement of the petitioners or to continue their engagements further”, reads the judgment.
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