Madras High Court
Peter Joseph vs 2 The Presiding Officer on 9 August, 2023
W.P.Nos.19707 to 19709 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2023
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P.Nos.19707 to 19709 of 2017
1 Peter Joseph ... Petitioner in W.P.No.19707 of 2017
2 T. Muniraj ... Petitioner in W.P.No.19708 of 2017
3 K. Muninagan ... Petitioner in W.P.No.19709 of 2017
V
1 The Deputy Director
Animal Husbandry Department
District Livestock Farm
Hosur, Krishnagiri District
And another
2 The Presiding Officer
Labour Court
Salem ... Respondents in above W.Ps
Prayer in W.P.No.19707 of 2017: Writ Petition filed under Article 226 of the
Constitution of India for issuance of a writ of certiorarified mandamus, calling
for the records of impugned award passed in I.D. No.46 of 2014, dated
29.12.2016, which was communicated on 02.05.2017 by the Presiding Officer,
Labour Court, Salem and quash the same, consequently direct the 1st
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W.P.Nos.19707 to 19709 of 2017
respondent to absorb the petitioner as Animal Husbandry Assistant and pay all
service benefits including continuity of service.
Prayer in W.P.No.19708 of 2017: Writ Petition filed under Article 226 of the
Constitution of India for issuance of a writ of certiorarified mandamus, calling
for the records of impugned award passed in I.D. No.44 of 2014, dated
29.12.2016, which was communicated on 02.05.2017 by the Presiding Officer,
Labour Court, Salem and quash the same, consequently direct the 1st
respondent to absorb the petitioner as Animal Husbandry Assistant and pay all
service benefits including continuity of service.
Prayer in W.P.No.19709 of 2017: Writ Petition filed under Article 226 of the
Constitution of India for issuance of a writ of certiorarified mandamus, calling
for the records of impugned award passed in I.D. No.42 of 2014, dated
29.12.2016, which was communicated on 02.05.2017 by the Presiding Officer,
Labour Court, Salem and quash the same, consequently direct the 1st
respondent to absorb the petitioner as Animal Husbandry Assistant and pay all
service benefits including continuity of service.
In Above W.P.s
For Petitioners : Mr. M.R. Jothimanian
For R1 : Mr. M.S. Prem Kumar
(Government Advocate)
R2 : Labour Court
****
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W.P.Nos.19707 to 19709 of 2017
COMMON ORDER
Since the issue involved in the present writ petitions are one and the
same they are disposed by way of this common order.
2. The writ petitions have been filed seeking to quash the impugned
common award passed dated 29.12.2016, which was communicated on
02.05.2017 by the Presiding Officer, Labour Court, Salem and consequently
direct the 1st respondent to absorb the petitioner as Animal Husbandry
Assistant and pay all service benefits including continuity of service.
3. It is the case of the petitioners that the petitioners were appointed as
casual laborers by the 1st respondent department on temporary basis and
posted at Livestock Farm, Hosur in the month of June of 2011, under the
scheme namely National Agricultural Development Project (NADP)
introduced by the Government of Tamil Nadu vide G.O. Ms.No.123, Animal
Husbandry Department, dated 18.03.2008. The petitioners were worked as
daily wages for maintaining the animal husbandry farm of the 1st respondent
at Hosur and they have also completed more than 480 days as per the
Industrial Disputes Act without any break. Even though, the petitioners
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W.P.Nos.19707 to 19709 of 2017
worked for more than 2.5 years, all of a sudden, the petitioners were stopped
without any prior notice from the 1st respondent, stating that the National
Agricultural Development Project introduced by the Government of Tamil
Nadu vide G.O. Ms. No.123, Animal Husbandry Department, dated
18.03.2008 was closed. Thereafter, the petitioners requested the 1st
respondent and other higher officials to absorb their services in the department
and the same was not considered. In view of the above, the petitioners raised
an Industrial Dispute against the 1st respondent before the Labour Court,
Salem seeking for reinstatement into service and other benefits. The learned
Presiding Officer, Labour Court, Salem, on examination of the petitions filed
by the petitioners herein and 1st respondent herein, has dismissed the case.
Challenging the said orders, the petitioners have filed the Writ petitions.
4. The learned counsel for the petitioners submitted that the award of
the Labour Court in the case of the petitioners is totally illegal, unjust,
arbitrary and against the probabilities of the case. The second respondent has
failed to consider that the petitioners were appointed as daily wages and
worked more than statutory period in the first respondent farm without any
break and is entitled to get absorption on par with similarly placed persons,
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W.P.Nos.19707 to 19709 of 2017
who were absorbed in the first respondent farm and now they are working.
The learned counsel further submitted that similarly placed persons were
regularized in the post of Animal Husbandry Assistant vide G.O. Ms.No. 157,
Animal Husbandry, Dairy and Fisheries Department, dated 09.12.2011.
However, the tribunal have not considered the grievances of the petitioners in
absorbing them in the regular post of Animal Husbandry Assistant and hence,
the award of the second respondent is totally against the livelihood of the
petitioner and therefore, it is totally illegal and unsustainable either in law or
facts of the case.
5. The learned counsel for the first respondent submitted that the
petitioners were appointed only as daily wages under the central Government
scheme National Agricultural Development Project (NADP) vide State
Government G.O.Ms.No.123, dated 18.03.2008 at Livestock Farm, Hosur in
the month of June 2011. The petitioners were appointed and worked as daily
wages till the last date of their termination from the said farm and also their
daily attendance was maintained only as daily wages labourers by the first
respondent. The learned counsel for the first respondent further submitted that
the petitioners who are appointed as daily wages under the NADP scheme by
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W.P.Nos.19707 to 19709 of 2017
the first respondent are not liable to the Industrial legislations and doesn't have
any right in claiming permanent employment in the office of the first
respondent. Therefore, the learned counsel prays to set aside the impugned
order.
6. The first respondent has filed a counter in this matter and the relevant
paragraphs are extracted hereunder:
"4. With regard to para 2 of the affidavit, it is
submitted that the contentions of the petitioner are not
correct and hereby denied as false. It is submitted that
Mr. G. Peter Joseph, the petitioner herein was engaged as
Casual Labour on daily wage basis by this respondent for
the scheme of National Agricultural Development Project
during June 2011. He was engaged in cleaning the Cattle
shed, cutting of grass, feeding the cattles, uploading and
downloading cattles etc. It is submitted that the petitioner
was engaged as and when required and he was stopped
from engaging for the said work since the said
Government Scheme was closed. It is submitted that the
contention of the petitioner that he worked for more than
480 days is false and hereby denied.
5. With regard to para 3 of the affidavit, it is
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W.P.Nos.19707 to 19709 of 2017
submitted that the contentions of the petitioner are not
correct and hereby denied as false. It is submitted that
after finishing the above said project, the petitioner's daily
wage service was not required and hence he was stopped.
Further, there is no necessary to issue show cause notice
to the petitioner before stopping him from his daily wage
work since there is no provision or rule to issue such
notice. The petitioner himself knows that his work is only
for the said scheme only and there is no chance to absorb
him for service in the department.
.......
8. With regard to Grounds (b) to (d) of the
affidavit, it is submitted that the allegations are not
correct and hereby denied. It is submitted that the
petitioner herein was engaged as Casual Labour on daily
wage basis by this respondent for the scheme of National
Agricultural Development Project during June 2011. He
was engaged in cleaning the Cattle shed, cutting of grass,
feeding the cattles, uploading and downloading cattles etc.
It is submitted that the petitioner was engaged as and
when required and he was stopped from engaging for the
said work since the said Government Scheme was closed.
It is submitted that the contention of the petitioner that he
worked for more than 480 days is false and hereby denied.
It is submitted that the contentions of the petitioner are not
correct and hereby denied as false. It is submitted that
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W.P.Nos.19707 to 19709 of 2017
after finishing the above said project, the petitioner's daily
wage service was not required and hence he was stopped.
Further, there is no necessary to issue show cause notice
to the petitioner before stopping him from his daily wage
work since there is no provision or rule to issue such
notice. The petitioner himself knows that his work is only
for the said scheme only and there is no chance to absorb
him for service in the department.
.......
10. With regard to Grounds (i) to (m) of the
affidavit, it is submitted that the contentions of the
petitioner are not correct and hereby denied as false. It is
submitted that the Hon'ble Supreme Court of India in its
order dated 21.02.2014 in C.A.No.2726-2729/2014 has
held as follows:
"Even temporary, Adhoc or daily base services for a
long number of years, let alone serve for one to two year
will not entitle such employee to claim regularization, if he
is not working against a sanctioned post. Sympathy and
sentiment cannot be grounds for passing order for passing
order for regularization in the absence of any legal right".
It is submitted that the above said judgment squarely
applies to the petitioner herein and hence the petitioner's
claim has no merits and it deserves no consideration."
7. Heard the learned counsel for the petitioners as well as learned
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W.P.Nos.19707 to 19709 of 2017
counsel for the first respondent and perused the materials available on record.
8. The facts of the case are not in dispute. It is the grievance of the
petitioners that the petitioners were engaged as casual laborers by the 1st
respondent department on temporary basis and posted at Livestock Farm,
Hosur under the scheme namely National Agricultural Development Project
(NADP) introduced by the Government of Tamil Nadu vide G.O. Ms.No.123,
Animal Husbandry Department, dated 18.03.2008 and they have completed
480 days without any break and some of the persons service were regularized.
9. On perusal of typed set of papers and original documents, it is seen
that in order to prove the case, the petitioners have not produced any
document before the Labour Court as well as this Court except their
attendance register. It is admitted fact that the petitioners were engaged as
Casual Labour on daily wage basis by the respondent for the NADP scheme.
After completion of the said project, the petitioners service were stopped as
their service was not necessary. It is to be pointed ut that the appointment of
the petitioners is only based on the scheme and once the scheme comes to an
end, automatically the service of the petitioners cannot be continued and they
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W.P.Nos.19707 to 19709 of 2017
cannot claim reinstatement upon their ouster from service. In the absence of
continuance of the scheme, this Court cannot interfere with the impugned
orders passed by the second respondent and this court does not find any merit
in the writ petitions and the same are liable to be dismissed.
10. In the result, the writ petitions are dismissed. No costs.
Consequently, the connected miscellaneous petitions are closed.
09.08.2023
rli/stn
Index : Yes / No
Speaking order / Non speaking order
Netrual Citation Case : Yes / No
To
1 The Deputy Director
Animal Husbandry Department
District Livestock Farm
Hosur, Krishnagiri District
And another
2 The Presiding Officer
Labour Court
Salem
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W.P.Nos.19707 to 19709 of 2017
M.DHANDAPANI, J.
rli/stn
W.P.Nos. 19707 to 19709 of 2017
09.08.2023
https://www.mhc.tn.gov.in/judis
