9911796707
TMI Blog2020 (10) TMI 1323X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner of Income Tax, Haldwani, District Nainital. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to make payment to the petitioners as per the Instruction/Direction dated 30.07.2019. (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to pay salary to the petitioners to the tune as the similarly situated daily wagers are getting pursuant to the order dated 29.12.2017." 2. In batch of petitions, the common question of facts and law are involved. Thus the batch of petitions is being decided by this common judgment and order. 3. The facts leading to the present case are that the petitioners were engaged as daily wagers from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ected to immediately ensure compliance of order dated 23.10.2018. In view of letter dated 23.10.2018, the respondents have started to engage the petitioners through outsourcing ignoring the fact that the petitioners were directly engaged by the Department as casual workers. Thus, the department has no authority to change the status of the petitioners by engaging them through outsourcing. 5. Petitioners, who were similarly engaged by the Department directly, were not being paid minimum of wages whereas similarly situated casual workers are being paid the minimum wages. The contention of respondents is that subsequently large numbers of casual workers have been engaged through outsourcing and they will also claim the same benefit. 6. Having ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed daily wagers who were engaged prior to 2013. The petitioners are not entitled for regularization of their services as the Department has not framed any regularization policy. In case, the Department chooses to frame regularization policy for casual workers (Group 'D' employees) in future, the petitioners will be at liberty to raise their claim. It is made clear that those who have been engaged through outsourcing will not be entitled to the benefit of this judgment. 9. The present writ petitions are disposed of with the direction that the respondents shall consider the case of the petitioners for their employment as daily wages casual workers and they shall be paid minimum wages/salary equal to those employees who are working as daily w ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
