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1985 Supreme(SC) 138

D.A.DESAI, RANGANATH MISRA
Inder Pal Yadav – Appellant
Versus
Union Of India – Respondent


Advocates:
A.Subhashini, ANIS SUHRAVARDY, B.DUTTA, C.MALHOTRA, C.P.Pandey, C.V.SUBBA RAO, D.GOVERDHAN CHARY, E.C.Vidya Sagar, G.N.CHOWDHARY, G.S.NARAYAN, G.S.NARINDER, HALIDA KHATUN, HARBANS SINGH, INDIRA SAWHNEY, JAYASHRI VAD, K.K.GUPTA, K.R.NAGARAJA, K.R.R.PILLAI, M.A.KRISHNAMURTHY, M.K.RAMAMURTHY, M.S.GUJRAL, MADAN SHARMA, MANOJ SAXENA, N.S.DAS BEHL, P.K.JAIN, P.N.Gupta, P.P.SINGH, R.D.UPADHYAY, R.N.Poddar, R.P.SINGH PAL, R.SATISH, RAJU RAMACHANDRAN, RISHI KESH, S.C.MAHESHVARI, S.C.PATEL, S.N.CHAUDHARY, SAMBANDHAN, SHAKEEL AHMAD SYED, V.K.PANDITA, V.K.VARMA

Judgment

Desai, J.-Articles 41 and 42 of the Constitution notwithstandig there are certain grey areas where the rule of hire and fire, a legacy of laissez-faire, even in Government employment still rules the roost. Casual labour employed on projects also known as project casual labour is one such segment of employment where one may serve for years and remain a daily rated worker without a weekly off, without any security of service, without the protection of equal pay for equal work. In short at the sweet will and mercy of the local satraps. Even the formidable railwaymens unions least cared for these helpless workmen. Suddenly a torrent of writ petitions and petitions for special leave awakened this Court to the plight of these workmen. In quick succession, 48 writ petitions and 32 petitions for special leave flooded this Court. In each writ petition/S, L. P., the grievance was that even though the workmen styled as project casual labour had put in continuous service for years on end to wit ranging from 1974 till 1983, yet their services were terminated with impunity under the specious plea that the project on which they were employed has been wound up on its completion and their s


































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