Casual laborers with over 17 years of continuous service are entitled to regularization under SRO 64 of 1994, emphasizing the importance of fair employment practices and statutory rights.

O R D E R

Per: - Sh. Rajinder Singh Dogra, Judicial Member

This writ petition has been filed by the petitioner, Mohd. Aslam, seeking regularization of his services as a Casual Labourer in the Forest Protection Force, Gamma Unit-J9, Batote. The petitioner has been engaged in the said capacity since 15.07.1999.

2. The petitioner is a permanent resident of Jammu and Kashmir and has been engaged as a Casual Labourer in the Forest Protection Force, Gamma Unit-J9, Batote, since 15.07.1999. He has been working continuously without any break and has been directed to perform his duties to clean the office and path from Gate to DD residence.

3. The Additional Principal Chief Conservator of Forest/Director, Forest Protection Force, J&K Government, recommended the case of the petitioner for regularization before the Secretary to Government, Forest Department, Civil Sectt. in reference to its office letter No:Acctts/6PC/C/Labourer/2009 dated 11.07.2014. The petitioner claims entitlement to minimum wages @ Rs.4500/- PM being an un- skilled consolidated appointee/Casual Daily rated worker, as per the Minimum Wages Act, 1948. However, the respondents have rejected the claim of the petitioner for enhanced wages.

4. The petitioner has been engaged after 01.04.1994, but is working without any break. The Government order No:144-GAD of 2001 dated Feb. 2, 2001, was issued, wherein, after reference to Government order No:26-F of 1994 dated 31.01.1994, with an observation that services of Daily Rated Workers, engaged after imposition of ban be terminated/disengaged by giving them salary upto 31.01.2001.

5. The petitioner has filed this writ petition seeking regularization of his services and has prayed for the following reliefs:

“i. To set aside or quash order No:1010-DFPF of 2016 dated Nov. 21, 2016 by issuing a writ of Certiorari;

ii. To regularized petitioner under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 retrospectively by issuing a writ of Mandamus;

iii. To do the compliance for regularization as per SRO 64 of 1994 read with the Jammu and Kashmir Daily Rated Workers/Work Charge Employees (Regularization) Rules 1994, notified by the Finance Department vide SRO 64 dated March, 24th, 1994 by issuing a writ of Mandamus;

6. The petitioner has been engaged as a Casual Labourer in the Forest Protection Force, Gamma Unit-J9, Batote, since 15.07.1999. He has been working continuously without any break and has been directed to perform his duties to clean the office and path from Gate to DD residence.

7. The respondents have rejected the claim of the petitioner for regularization and enhanced wages. However, the petitioner claims his entitlement to minimum wages @ Rs. 4500/- PM being an un-skilled consolidated appointee/Casual Daily rated worker, as per the Minimum Wages Act, 1948.

8. The Government order No:144-GAD of 2001 dated 02.02.2001, was issued, wherein, after reference to Government order No:26-F of 1994 dated 31.01.1994, with an observation that services of Daily Rated Workers, engaged after imposition of ban be terminated/disengaged by giving them salary upto 31.01.2001.

9. Heard the arguments, and perused the material on record.

The basic provision of SRO 64 of 1994 is as under:-

5. Regularization of Daily Rated Workers.-

All the Daily Rated Workers who on 31-03-1994, are eligible under rule 4 for regularization shall with effect from 01-04-1994, be appointed on the regular pay scale of Class IV prescribed in the concerned department for the relevant category of posts in the scale of Rs. 750-940:

Provided that if any of the categories have higher pay scale of Rs. 775-1025, such employee(s) shall be placed in the higher pay scale of Rs. 775-1025 after completion of 2 years of service in the scale of Rs. 750-940.

6. Absorption of Work charged Employees on Regula Temporary Establishment. All the Work Charged Employees who, on 31-3-1994 fulfill all the conditions as laid down in rule 4 shall be brought on regular temporary establishement w