CWP No.9874 of 1995 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.9874 of 1995 DATE OF DECISION: August 10, 2010 NAND LAL AND ORS. ...PETITIONERS VERSUS STATE OF PUNJAB AND ORS. ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. PRESENT: NONE FOR THE PETITIONERS. MR. RAJESH BHARDWAJ, ADDL.A.G., PUNJAB. ASHUTOSH MOHUNTA, J.(ORAL) This judgement shall dispose of CWP No.9874 of 1995 and CWP No.8076 of 1997, 10299 of 2004, 12025 of 1995, 12218 of 1995, 12980 of 1995 and 16871 of 1997, as common questions of law and fact arise in these petitions. The petitioners have prayed that directions be issued to the respondents to regularize their services as they have been working on daily wage basis with the Forest Department for the last many years. The petitioners are working on daily wage basis in different ranges of Forest Department for the last many years. It is the case of the petitioners that they have been working without any break in service and that directions be issued to the respondents to regularize their services. It has further been averred that despite numerous directions issued by the Apex Court for absorption and to regularize the services of the workmen, the respondents have not framed any scheme. It has further been averred CWP No.9874 of 1995 -2- that the respondents instead of regularizing the services of the petitioners are threatening them that their services would be dispensed with as they are working on daily wage basis. Written statement on behalf of respondents No.1 to 4 has been filed wherein it has been averred in paras No.2 and 3 of the Preliminary Objections as under:- “2. The employment potential in Forest Department is erratic and not a regular nature. Because Foresty Operation are of seasonal nature. The petitioners were engaged purely as Labour on daily wage basis for the seasonal work and not as regular employees. Moreover, they do not qualify for regularization of services as in terms and instructions issued by the Punjab Govt. in cases of Piara Singh Vs. Haryana State and other as Annexure R-1. 3. That the Hon'ble Division Bench of the High Court in CWP No.6503 of 1992 in case of Ramesh Kumar and others vs. State of Haryana and others has dismissed in CWP No. The present case is squarely covered by the above said case. Copy of judgement is attached as Annexure R-2.” The respondents have also placed reliance on Annexure R-2, whereby a similar writ petition was dismissed by a Division Bench vide order dated May 27, 1992. From the aforementioned pleadings of the parties, it is clear that nature of work in the Forest Department is seasonal. During the rainy season, a large number of workers are required for planting saplings, however, this work gets considerably reduced during the winter months. CWP No.9874 of 1995 -3- Thus, as the employment potential in the Forest Department is erratic and not of a regular nature, therefore, the respondents cannot be directed to employ such a large force of labourers on regular basis. The present case is squarely covered by the decision in CWP No.6503 of 1992 Ramesh Kumar and others vs. State of Haryana and others (Annexure R-2) wherein similarly placed daily wagers in the Forest Department were held not entitled to claim regularization. Resultantly, these writ petitions are dismissed in the same terms as Ramesh Kumar's case (supra). August 10, 2010 (ASHUTOSH MOHUNTA) Gulati JUDGE