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2008 Supreme(Pat) 804

BARIN GHOSH, J.N.SINGH
Kailash Bihari Thakur – Appellant
Versus
Bihar State Food & Civil Supplies Corporation – Respondent


Judgment

Barin Ghosh and J.N.Singh JJ.

1. As a daily wage worker appellant was appointed by the respondent-Corporation on 4th of March, 1985. This appointment was given at the office of the Corporation at Darbhanga. The appellant was disengaged with effect from 31st of October, 1986. Appellant was thereupon engaged as a daily wage worker by the Corporation to work at its Giridih office with effect from 28th of May, 1987. Thereupon in 1996 the appellant was disengaged. This disengagement was the subject matter of challenge in a writ petition registered as CWJC No. 3292 of 1996. The writ petition was dismissed.

2. On 18th June, 1993 the Government took a policy decision whereby and under it was provided that daily wage workers who have been appointed on or before 1st of August, 1985 and have worked continuously for 240 days in a calendar year and are still being engaged as such should be tried to be regularized and daily wage workers who have been appointed subsequent to 1st of August, 1985 should be disengaged. Inasmuch as the appellant was initially appointed before 1st of August, 1985 and inasmuch as his ultimate disengagement order was based on the decision of the Government dated









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