Long-term temporary workers are entitled to regularization based on continuous service, regardless of initial engagement type.

ORDER

PER MR. RAJINDER SINGH DOGRA, MEMBER (J):

It has been submitted by the learned counsel for the applicants that since the issue involved in this case is identical one, therefore, applicants’ prayer to join together in a single application may be allowed; and is, therefore, allowed.

2. The applicant had initially approached the Hon’ble High Court of Jammu and Kashmir at Jammu filing the writ petition which was later on transferred to this Tribunal registered as T.A. No. 55/2023, seeking therein the following reliefs:

A. Writ of Mandamus

So as to command and direct the respondents to regularize the services of the petitioners in the Department having being working labourers with the respondents since 16.09.1993 and 19.06.1995, as such, the petitioners are entitled for the same under law.

B. Further Writ of Mandamus:-

So as to command and direct the respondents not to disturb the service status of the petitioners being working as casual labourers with the respondents since 16.09.1993 and 19.06.1995 without adopting due course of law.

AND

Any other writ Order or direction which this Hon'ble Court deems fit and appropriate in the peculiar facts and circumstances of the case may also be issued in favour of the petitioner in the interest of justice.

The facts of the case as projected by the applicants in the T.A. are as follows:-

1. That the petitioner No. 1 namely Nazar Mahmood was engaged as Casual Labour vide Order No. Estt-280/3628-30 dated 16.09.1993 passed by the respondent No. 3 and was duly approved by the respondent No.2 vide his order No. Estt-494/3212 dated 19.06.1995 and since then as on date, the petitioner No. 1 has been working continuously at the Office of Assistant Manager Equine Breeding Farm Badhoon as Casual Labour to the utmost satisfaction of his superiors.

2. That the petitioner No.2 namely Babu Hussain was also engaged as Casual Labour vide Order No. Est-6/1654-56 dated 01.07.1995 passed by the respondent No.3 after the due approval of the respondent No.2 vide his Order No. Est- 494/3212 dated 19.06.1995 and since then as on date, the petitioners have been working on regular basis as casual labour at the Office of Assistant Manager Equine Breeding Farm Badhoon to the utmost satisfaction of their superiors/officers concerned.

3. That the petitioners have been working as Casual Labourers at the Office of Assistant Manager Equine Breeding Farm Badhoon since 16.09.1993 & 01.07.1995 for the work of "Watch and Ward/Maintenance of Equine Breeding Farm."

4. That the petitioners had previously approached the Hon'ble High Court through the medium of a writ petition bearing WP(C) No. 1983/2021 titled "Nazar Mahmood & Anr. v/s UT of J&K & Ors." seeking release of pending wages w.e.f September 2019 for the services rendered by them as casual labourers and the Hon'ble High Court was pleased to dispose of the same in favour of the petitioners vide order dated 20.09.2021. The operative part of the order dated 20.09.2021 is reproduced herein as under:

"In view of the above, this writ petition is disposed of at this stage itself by directing the respondents to release the wages of the petitioners for the period they have performed their duties strictly in accordance with the rules governing the field within a period of eight weeks from the date, copy of this order is made available to the respondents."

5. That it is pertinent to mention herein that till date respondents have not paid the admitted wages to the petitioners for their services rendered with the respondents and for the non-compliance of the order dated 20.09.2021 passed by the Hon'ble High Court, the petitioners have also filed contemp