New Delhi, May 3 (UNI) The Supreme Court today directed the state of J&K to implement the J&K high court judgment directing it to regularise daily wagers employed by the state forest department between 1994-1995 in terms of state cabinet decision.
A bench comprising Mr. Justice B.N. Srikrishna and Mr. Justice R.V. Raveendran while issuing the directions also held that recently delivered judgment of five judge constitution bench of this court holding that daily wagers had no right to regularisation irrespective of their length of service delivered in state of Karnataka vs. Uma Devi and others, was not applicable in this case.
Counsel for the petitioners, Bhim Singh, pleaded before the court that the constitution bench judgment was not applicable in view of the cabinet decision taken on November 6,2001 and he also contended that cabinet decision was binding on the state concerned.
Services of petitioners Balbir Singh and others were terminated by the state Forest department.
The Court, however making a distinction between daily wagers appointed under the mandatory rules or under the statutes and daily wagers employed otherwise, ruled that today's decision would not apply to the daily wagers of Forest Corporation.The petitioners were employed in Kathua district of the border state.
UNI AKS/SC RP RK1857