XLHC—us WWPNOQQ§/%%3%o mm (W) WWW mamimm mm WW£fMWR aqmsnéw 29—9-2004 Petitioners through their re State by Shri V.V.S. Murtl Heard. ;pective counsel. 7y, Dy. Advocate General. y 2. This batch of cases relate t Resources Department. Since the uestion involved in all the petitions is silriiléathey are being decided by e /, 3. Counsel for petitioner sub 'ts that P.W.D. Manual. Volume_l Chapter iv deals with Accounts of Works and Stores. Para 4.003 deals with Registration and Payment of Dz ily Casual Labour!Regular Labour Gangs, Para 4.003 reads thus:— 4.003(A) Casual Labour Gangs- When work is to be done bV dailt casual labour gangsJbe ‘ubordmate incharge shall prepare a muster roll; which will show the names or the work-people then attendan the work done and the amc untp'iyable on tlns account Monthly muster r01 s if necessary, may be c} osed ader seven days‘or as convenient. (B) Permanent Ganb - x (a) (b) ‘ .(C) (d) (e) Any recruitment to 1i 2111M gamers vrill be done onlv with rne nem‘ission 01" Q E Labourers more than 38 veers or doe shali not be emplot ed’ ontinued 1n regular gen . . r :ea‘r Gangnan, Chokidar etc. oftKe Water is common order. i W 1 \ EWWW ' " r5. ' Cou‘xseifor petitioLJ 3; 2044/2004) the Additional SeL F/l3/1 1/8/2000 has issued dir . ' should not be allowed to work reference to the aboxe letter th employees v1de its lettar dated per Annexure P 3 that the emplr 55 years are 1’ Chokidar (2) Labour (unskilled) (3) Helper (unskilled) (4‘; ‘CiVil (5) Mali (6) KhalaSi (7) Ga11mm and (8) Process Surveyor In the letter 1t was made clear that the ordei . dally Wage employees and they Counsel feir petitioner submitted tliatuit is discrimination. He‘pla'ced reliance nd another —V— International Trading Co. Ltd. SCC 437 andvState of Oiissa and others ev- AIR‘l985 SC 1293. During the Course of 'onxa dec1 10n m Umon of Ind1a c and‘another reponed in 2003, (5) Titaghur’ Paper Mills reported i1 hearing the decision of High Court of MP. in WP. Noi 3200/2003 (Stale of Smt. Bhagwati Bai and another) dated 23—3— ce ofthis Court. Madhva Pradesh and others 'vv- 2003 was also brought to the not‘L 6. Counsel for petitioner further submitted that; the State Govennnent . issued another (in eetion Vide let i issued directions that the orders 4. It is submitted that thei submitted that by a notification, 1 e is no change in the Manual. He funher manual cannot be superseded. itted Lhat the as per'wme‘x‘ure I‘-2 (W‘PNVO etarv Vide letter dated 9 3 2000 beaiing no tion that the daily wage empldyees/labours on attaining more than >3 years of age In Government has clarified the categorv of the -7 2000 bearing no F/l3/11’3 llSa 2000 as yees who should not be allowed to w ork attei under reference Will not be applied on omti may be kept'in service till 60 years of age. er dated .17-4—2000- as per Aimemlre P-i‘r and directing retirement of emloyees. of Water n . e ‘ p mm w%§.5/&0.¥ W 200 WWW ammm .‘ - mum (Wu) ' rammm WW ‘qrqa‘f wm $ aifanm XI—HC—VA 78 ‘ ‘ \ WW wane famgx . w? ézog/o’woo? mm mwvwiaw) 111 zoo WWW mmm Wm wW ‘kaw'fmm Resources Depaxtment attaining the age of 55 years, are cancelled. He further submitted that Department has submitted that they have been 2000' (Annexure P-2) and subs 2000 have not been considered 7.. Leamed D'v Advocate \dec1s1on taken by the State o 131/2004 whereby the age 1n as 60 years. The letterdated 16-‘ not been fair in removing the employees. He removed pursuant to notification dated 9-3- équent notitication dated 17-4-2000 and 3-7- There 15 not a whlsper 1n the order neral brought to the not1ce bf the Couit the 8-2004 Vide letter bearin no F 14 >3/ FIT n l Water Resources Department has been kept ~2004 1s quoted below: ITEFI GTE W 131W” W wt WW3 —41/31/ 'aT / ’ 2000 (a? $ 0903 / WWWwWwmWW %%%W%Wt§s mmwmedetdth mwwm/Wnmemwm mmnmmtmeeméaettte: WWW swst‘tstrg 's ‘TWqv%%W&Q mmnww WKEWW 1m mean/weer. " ' e ., m 2000. ..__0.__._ i \’ as mm In W'Emeeae emetttWWW i WWwewmmst . WM e - g W XLHCJ—JS § \ ‘ mmw WW1?&€IW $a’f‘cmam mmmle‘mm‘m Wamw%% @Waoatftgéaawfnm 13m: .WW‘$§®$U§W€WV& 8; ' Counsel for the petmoner ubnntted that msplte of tbs dec1s1on oi the State Govemmcnt datLd 16 8 2O 4 the department has not taken am step ‘11 * last para of the above order th State Government has decrded that to the Pubhc Works Department, the a. e of superannuatmn be kept 6O yeam (L 1i xaasearher taxid after takmg eps, the State Govemment be mooted immediately The contention is hat now the State Government has taken decrswn and 1n splte ofthe decxsro 1, they are not Implementmg the same " V of the order date 16— -2004 the Department ought to haw ‘ . taken step and orders are requ' d to be passed by the Department Let the urders be passed m accordanc dxrected that ml oxder< are passed e petmoners beallo“ ed to contmue 10.. Sub ect to d1reet1ons and bservahons made abowe the pehtmns Stand dlsposed f Consequen’dv all pendmgl Mtwg’s” and I.A.s. also stand dlsposed of 1th the order dated 16-8-2004 It ts former copy ofthls Loun be pla ed 1n all the connected matters g z / sdl- Fakhruddin #‘ Judge 2’ HathakA e e