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1992 Supreme(All) 668

R.A.SHARMA, S.N.SAXENA
ZAKIR HUSSAIN – Appellant
Versus
ENGINEER-IN-CHIEF, IRRIGATION DEPT – Respondent


Advocates Appeared:
DEVENDRA DHAMA

R. A. SHARMA, J.

( 1 ) PETITIONER claims to have been appointed as Electrician by the respondent No. 3 on May 23, 1990 on daily wages basis at the rate of Rs. 54 per day. Petitioner further claims that he was continued to work as Electrician on the above basis till July 31, 1992, on which date his services were terminated. He has accordingly filed this writ petition for quashing the order of termination of his services for a writ of mandamus directing the respondents to regularise his services and absorb him in the department on regular basis and pay him the salary equivalent to the salary of regular employees.

( 2 ) IN support of the writ petition, the learned counsel for the petitioner has made three submissions, viz. , (i) the petitioner falls within the definition of workman and has completed service of 240 days and as such he is entitled to be regularised by the respondents; (ii) in any case, the petitioner has worked on daily wage basis for about two years and in pursuance of the government Order and the law laid down by the Courts his service is liable to be regularised by the respondents, and (iii) after completion of 240 days of service his service cannot be terminated wit





























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