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1989 Supreme(Raj) 529

RAJASTHAN HIGH COURT AT JAIPUR BENCH
D.L.Mehta, S.S.Byas, JJ.
Ramu Ram & Anr. - Appellants
Versus
Asstt. Engineer, P.W.D, Sub-Division Sikar & ors - Respondents
D. B. Civil Writ Petition No. 2369 of 1987.
Decided On : 17-01-1989

Important Points

The right to life under Article 21 of the Constitution includes the right to employment for the purpose of fighting with starvation or semi starvation.

Subject

Constitutional Law - RIGHT TO LIFE

Headnote

INDUSTRIAL DISPUTES ACT - SECTION 25-F - TERMINATION OF EMPLOYMENT - ARTICLE 21 - RIGHT TO LIFE - EMPLOYMENT AS A FUNDAMENTAL RIGHT - DIRECTIVE PRINCIPLES OF STATE POLICY - SOCIAL JUSTICE - REHABILITATION OF WORKERS - CONTINUATION OF EMPLOYMENT.

Fact of the Case:

Petitioners challenged their termination from employment on the ground that their services were terminated without complying with the provisions of Section 25-F of the Industrial Disputes Act. The State argued that the petitioners had not completed 240 days of service and that the Industrial Disputes Act did not apply to them.

Finding of the Court:

The Court held that the right to life under Article 21 of the Constitution includes the right to employment for the purpose of fighting with starvation or semi starvation. The Court further held that the petitioners, who were employed under the Minimum Need Programme and the Rural Landless Employment Guarantee Programme, were entitled to continue in employment under Article 21 of the Constitution, even if they had not completed 240 days of service.

Issues: Whether the termination of employment of the petitioners without complying with the provisions of Section 25-F of the Industrial Disputes Act was valid.

Ratio Decidendi: The Court held that the right to life under Article 21 of the Constitution includes the right to employment for the purpose of fighting with starvation or semi starvation. The Court further held that the petitioners, who were employed under the Minimum Need Programme and the Rural Landless Employment Guarantee Programme, were entitled to continue in employment under Article 21 of the Constitution, even if they had not completed 240 days of service. The Court also held that Article 311 of the Constitution, which protects civil servants from arbitrary dismissal, also applies to persons appointed on daily wages.

Final Decision: The Court allowed the writ petitions and directed the State to continue in employment the persons who had been appointed under the Minimum Need Programme and the Rural Landless Employment Guarantee Programme.

JUDGMENT

1. - In these Writ Petition, petitioners have challenged their termination on the ground that without complying with the provisions of Section 25-F of the Industrial Disputes Act their services have been terminated by the authorities.

2. On behalf of the respondents it was submitted that the petitioners have not completed 240 days. It was further submitted that they were serving under the Rural Landless Guarantee Programme, Minimum Needs Programme and National Rural Employment Programme. It was further submitted that the Industrial Disputes Act does not apply and the question of violation of Section 25 F of the Industrial Disputes Act (hereinafter to be referred as the Act') does not apply.

3. On behalf of the State, Additional Advocate General, Mr. M.I. Khan argued the case with all his vehemence at his command as usual. He was very fair in his arguments and represented the case law very well.

4. Laws now are not merely to maintain order or status-quo ante but are also used as effective (means) for bringing about socio-economic changes in the existing system. Ordinarily, it was considered that law is a set of rules which are enforced by the State to regulate human conduct. Thus, the rules which a State recognises and enforces were considered to be the 'law'.

5. The States have adopted their role from mere law and order enforcing agency to a social welfare agency. In this changed role, laws are used for bringing about social change and for effecting redistributive justice.

6. We talk much about the words and phrase -poverty" and the poor". The trouble with the word - poverty" is that it is a passive word, suggesting a State of social affair which is to be confronted as best as they can by the State and Society and until then to be endured by those called "poor". The words 'poverty' and "poor" tend to normalise what ought to be centrally problematic. Mr. Upendra Bakshi in the Book "Law and Poverty" has rightly suggested that the words - poverty" and --poor" should be substituted by the words "impoverishment" and impoverished". Impoverishment is a dynamic process of public decision, in which it is considered, just, right and fair that some people may become or stay impoverished. Impoverishment of people is a matter conscious planning by those who are not impoverished. Ordinarily, the wearer of the shoe knows where the shoe pinches. A person who has faced poverty, who has remained poor, who has suffered the impoverishment, can better understand than the persons who are non poor and make decision. Result of their decision making may generally be to make or keep large number of others impoverished" with a few exceptions. A research about the high-ups and centre of power and influence, future of their kith and kins. will show that mostly the persons who command power and influence are succeeded by their sons, kith and kins in getting the same position or better position of command and influence.

7. Freedom is a grand word but, under the banner of freedom of speech, freedom of expression, freedom of trade, freedom of business, the toilers are robbed. Power and influence, modus operandi continues to reign to isolate the benefactors and beneficiaries because of the class distinction between "haves" and "have nots" inspite of the undertaking of social justice and commitment in the Constitution and beneficial legislation enacted by the Government from time to time. The gap between the "Prince" and "Pariah" has widened and number of people below poverty line-the minimum sustenance requirement have vastly increased and the rich has become richer and the poor has become poorer. Non-satisfaction, rising demands and aspirations have been generating resentment and frustration which are frightening and constitute the danger to the Indian democracy itself. The real cause may be lack of spirit in implementation of the benevolent legislation as most of the persons directed to implement are the same who were centre of power and influence and who






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