Chand Babu Khan vs State Of U.P. & Others
2014 Latest Caselaw 7330 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 31
 
Case :- WRIT - A No. - 58806 of 2009
 
Petitioner :- Chand Babu Khan
 
Respondent :- State Of U.P. & Others
 
Counsel for Petitioner :- Akhilesh Kumar Dubey,A.K. Pandey,K.N. Mishra
 
Counsel for Respondent :- C.S.C.,Rajesh Kumar
 

 
Hon'ble Abhinava Upadhya,J.

By means of this writ petition, the petitioner has come to this court assailing the action of the respondents by which his continuance in service in the Nagar Panchayat as contract Watchman has been cancelled.

The petitioner claims that he was engaged on contract on daily wage basis in the concerned Nagar Panchayat alongwith 29 other persons. It is claimed that wages of few months became due and when the petitioner demanded such wages, he has been removed from service though other 29 persons are still working.

It is not disputed by the petitioner that he was engaged on contract basis as daily wage worker. As such in view of the decision rendered by the  Constitution Bench of the Hon'ble Supreme Court in the case of Secretary State of Karnataka and others Vs. Uma Devi and others, AIR 2006 SC, 1806, no direction can be given for continuance of the petitioner in service who was working on contract basis in Nagar Panchayat. However, if according to the petitioner the other 29 persons are still working, the claim of the petitioner may also be considered by the Nagar Panchayat in accordance with law. Further, it goes without saying that if the work has been taken from the petitioner by the authority for which he is claiming for his wages, he is entitled for his wages.

With the aforesaid observations, the writ petition is disposed of.

Order Date :- 8.10.2014

SKS