( 1 ) THIS Letters Patent Appeal illustrates how justice is truth in action.

( 2 ) 35 daily wage labourers described herein and known as ticca mazdoors filed under Art. 226 of the Constitution, petition being Special civil Application No. 4669 of 1987 against the Reserve Bank of India, appellant herein. The facts concerning these ticca mazdoors may be recapitulated and briefly stated :

( 3 ) THE Reserve Bank of India has a specific cadre of Mazdoors in the Cash/issue Departments to assist the coin-note examiners, the ratio being 4 coin-note examiners to 1 mazdoor. Minimum and maximum qualifications required of the mazdoors are Standard IV to IX. The other cadres are those of peons and darwans. Minimum and maximum required qualifications of peons are Standard VII to Matriculation. Darwans have a special responsibility in that they are entrusted with the work of guarding the banks property and with other duties. Therefore, recruitment to the cadre of Darwans is made exclusively from ex-servicemen. It is the say of the reserve Bank of India that due to wide absentism in the cadre of mazdoors, it is required to engage on purely casual basis daily rated mazdoors whom it describes as ticca mazdoors - who also have to attend to the work of assisting coin-note examiners. At times they are given work of peons and darwans during their absentism. However, when they are given such work they cannot perform the following functions of peons:" (I) Delivery of vouchers to Deposit Accounts Department, etc. (ii) taking cash for booking of air-tickets, etc. , in respect of officers for official work. (iii) delivery of payment order to T. C. I. (iv) collecting railway tickets on behalf of officials of the Bank in whose cases arrangement for booking of rail tickets for official purpose has been made with T. C. I. (v) handling the cases which are of secret/confidential nature. "the names of the ticca mazdoors in this case came to be sponsored by local Employment Exchange, Ahmedabad upon the requisition of the Reserve bank of India Applications were invited in the prescribed form requiring details regarding age, educational qualifications, previous experience, etc. , supported by copies of original documents/certificates. Candidates were then called for personal interview and based on their age, educational qualifications and performance at the personal interview they were selected for being waitlisted for the post of ticca mazdoors, and after their selection they were called upon to undergo medical fitness examination and upon having been found fit medically, they were waitlisted in the waiting list of daily wage mazdoors, i. e. , ticca mazdoors. It was communicated to them that it would be at the sweet will and discretion of the Bank to decide as to when they should be employed and as to when they should be thrown out. It is in this fashion that the ticca mazdoors herein have worked as such in the Reserve Bank of India since 1984 till date. They are required to remain present at about 9-30 a. m. for the purpose of ascertaining whether work is available to them.

( 4 ) WHEN the Reserve Bank of India tried to fill in the posts of Class iv employees by giving fresh advertisement and by preparing list of 120 persons in total disregard of the claims of the petitioners for regularisation, they approached this Court by way of the aforesaid petition.

( 5 ) THE learned single Judge who heard the petition, finally found that the petitioners who were waitlisted to work as daily wage mazdoor - ticca mazdoors after undergoing due selection process, were identically situated with regular mazdoors, who are also appointed by the Reserve Bank after following the self same process of selection. Relying upon the decisions of the Honble Supreme Court in the case of Dharwad District p. W. D Literate Daily Wages Employees Association v. State of Karnataka and Ors. , reported in AIR 1990 SC 883 and Daily Rated Casual Labour employed under P and T Department