HC Quashes Govt Order Disengaging Workers On Need Basis 

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SRINAGAR — The state high court has quashed a government order disengaging some people working on need basis in Sheep Husbandry department.

“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,” the court said while disposing of a number of writ petitions, taken together.

The court also 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. 

The court also directed authorities to release the unpaid wages in favour of the petitioners forthwith. The court however made it clear that the direction shall favour only the petitioners whose engagement is made prior to issuance of Government Order.

The court observed that the respondents admit the engagement of the petitioners as Need Based Workers and their engagement is not disputed.

The petitioners, the court said, have been continuing as such at the time the Government Order No. 43-F of 2015 dated 17.03.2015 came to be issued. “The respondents in all their reply affidavits have categorically stated that the petitioners in some of the writ petitions have been disengaged by the application of the Government Order”.

The controversy, in all the writ petitions, revolves around the Government Order No. 43-F of 2015 dated 17.03.2015 that banned all the engagements of casual/ seasonal labourers in Government Departments and State owned Public Service Undertakings.

The petitioners in almost all cases apprehended their ouster by application of the Government Order.

“The basis for developing such apprehension is stated to be the disengagement of many casual labourers made by the respondents by application of the Government Order,” it said.

The Government Order No. 43-F of 2015 dated 17.03.2015, reads: “As approved by the Competent Authority, it is hereby ordered that authority to engage Casual/ Seasonal Labourers to various Departments as delegated vide Government orders or any other order is withdrawn with immediate effect.”

 

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