%«E\ Rwy® K W2 .«,T.m Tgmmm$¢mqw Ow ammb44mmmb$$ whywmrwwvcw . wmwm w£w1mw§ mum m3 mg!“mkmrg mambQm 3n wx“ bujnmmm»mm mwmwwwmmw @mwwmmwwmmwmmmgwmmawmw wmnqm§1mr mwmuzwmnhw anymqamamm xmsf bmwwww wwm xwmuwgmmywmmmmmrmw wnmTum woammamm urnmnmn omMaw E3 namx cm . a r um“? m¢ M htwww £4n wMMWv w 'XI-riC—V’lg 00 mmmw ammm mm mw<W) mammal 29-9—2004 Petitioners through their re State by Shri V.V.S. Murti Heard. mm wm? $mam€¥1 ’7 similaieti‘ley are being decided b/v tuestion involved in all the petitiong is This batch of casas relate t< KRegources Department. Since the 3‘ iv deals with Ace/emits of W Registration and iPaynie’nt of Dz Para 4.003 reads thus:- V 4.003(A) Casual Labo casqal labour gangs, the < rolij which will show the the vork done and the amc rol‘ s ifnecessary: may be c (B) Permanent Gangs- perntissien of SE. Lab< gular gangs will be done only with the employedfcontinued in r apeC-tive counsel. ty, Dy. Advocate General. p Gangman, Chokida‘r etc. ofthe Water this common order. 1r Gangs— When work is to be done by dailt' ubordinate incharge shall prepare a muster names of the work-people; their'attendance. unt payable on this account. Monthly muster ose‘d after seven days‘ \oras convenient. ‘wurere more than 5‘; Years of age-shall not he egular gangs.” ’ . WPNol/gg/ggge Counsel forvpetitioner subxinits that P.W.D. Manual, Volume 1 Charmer orks and Stores. ?ara 4.033 deals with .ily Casual Labour.’Regular Labour Gangs. \(aj 03> ‘,<c> (dj (e)An‘V' recmitment to r: XI—HC—‘lg 3am m W H38/éwok / “amt”? WW(W) \ », wt zoo 'mw‘sam § is no change in tha Manual; He further 4. It is submitted that they submitted that by a notification, 1 manual cannot be superseded. WM fg€tW kai‘mm " Counsel ioi petitioner s ted that the as per annemre Pe2 (WP. Ed. 5‘ 2044/2004), the Additional Se etary Videleiter dated 9-3-2000 bearing no. F/13/1 1/3/2000 has issued dir tion that the daily wage employees/labours ' should not be allowed to work on attaining more than 55 vears of ave En reference to the above letter th/ Government has (‘larifted the categorv f the -7-2000 bearinv no F/13/ll’31/Sa/7000 ax per Anne‘iure P—3 that the empl vees who should not be allowed to w ork atte’ '55 years are 1 Chokidar (2) our (unskilled) (3) Helpei (unskilled) {4) 0' C1v11 (5) Ma11( ‘ Khalas1 (7) G‘ gnan and (8) Process Surveyor In the lettel ' 1t was made clear that the 0rd under reference W111 not be applied on other daily wage employees and they may be kept in senlee till 60 yeais of ace Counsel for petitioner subnntte that it is discrimination He placed reliance on a deCi ion in Union of India nd another «v— hiteniational Trading Co. Ltd andlanother reported in 2003 (Sl SCC 437 and-State 'of Orissa and others —v- .1 AIR\i925 sc 1293. During the Course er vui‘t of M.P. in WP. No. 3200/2003 (State of Sint. Bhagwati Bai and another) dated 23-3— ce ofthis-Court. Counsel for petitionei fi , issued another direction Vide let issued directions that the order: directing retirement of employees of Water employees Vide its letter dated Titaghur Paper Mills reported i hearing the decision of High Ci ,Madhya Pradesh and others ‘—v— 2003 Was also’brought to the not 6. lrther submitted that} the State Govenmient er dated 17—4—2000 a‘s per Aimemu'e F—4- and e ‘ u" ‘t ' b « XI—HC—— 7 8\ <19 wwmm mmwp’lmQ/cwkm zoo 3mm (W) mmm the age of 55 years: are cancelled. He funher Resources Department attaining submitted that Department has submitted frhat they have been 2000' (Annexure P-2) and subs 2000 have not been considered. 7. \de\cisi0n’ taken by the State on /31/2004 whereby the agein t as 60 years. The letter dated 16‘- WW wm $a'fcmm not/been fair in removing the employees: He removed pursuant to notification dated 9-3- =quent notiiicanon dated 17 4 2000 and 3 - ere 1s not a whispel 1n the order neral brought to the notice of the Court the 8 2004 v1de letter bearing no F 14-3? QT - Y Water Resourcev. Department has been t §—2004 1s quoted below: I Leamed DV. Advocate awe/amen err. . 'i' U mihwh wt 3m? fa rm a i W We Jam j 2ooo,f%?na3 09.03. y / i . 1/ WW1? mwmtwaa Wemm WWWW mammaew WTWWW W mm 11a WW m7? %eéeeaaamemeee wmWWH’hetttel /W®W$mmm tweewihéuethel atmwmaemel 55W41Jr§eamatm§tamwntt§aw eatgEET—m ewemfextraiwfw w l mm WWW W. a mw3—41/31/ e1 / 2000. 7 1 e kep XLHC-4£ . 2.J..3.%../..&€9..9...111 2_oo mm (1mm) 'uem£a&aa&d - WWW W$RK taifcmm W W m WWW WEI m w % 1%? wwwwwgmaowugmwm 12m: WE? QH' $r 113‘ m Q? W air ‘ rm m W V' 8. Counsel for the petitioner submitted that inspite of this decision of the State Government dated 16—8-2004 the department has not taken any step. In ‘ last para of the above order the State Govemment has decided that in the Public Works Department, the axe ‘of superannuation be kept 6O years as it was earlier and atter taking tteps,*the. State Government be informed immediately. The‘contention is that now the State Government has taken decision and in spite ofthe decisio L they are not implementing the same 9'. . In View of the order datec 16 8 2004 the Department ought to haw L taaen steps and orders are required to be passed by the Department Let the ‘1 th the cider dated 16-8 2004 It is timber dn ected thazt til Orders are passed epetitioners bealiowed to continue 10.5‘ Sub ect to direttions and .bservations made above. the petitions stand f Consequently all pending MW Ps and IAs also stand disposed of . ’ \\ A orders be passed m accordance ; disposed ‘i l. A eopv ofthis Court be plamed in all the connetted matters sal- Fakhruddin Judge e