The Municipal Corporation And ANR. v. Shanker Chetiyar And ORS.
HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 386 of 2014 1.
The Municipal Corporation & Anr. Through The Commissioner Municipal Corporation Raipur Cg 2.
Commissioner Munnicipal Corporation Raipur Cg ---- Appellants
Versus
1.
Shanker Chetiyar & Ors. Aged About 45 Years Bajrag Nagar Raipur Ps. Amapara Raipur Cg 2.
State Of Chhattisgarh Through Principal Secretary Department Of Administration And Development Mantralaya Mahandi Bhawan New Raipur Cg 3.
Under Secretary Department Of Urban Administration And Develoment, Mantralaya, Mahanadi Bhawan, New Raipur, Civil & Revenue Distt Raipur, Cg 4.
Mohinuddin Asharfi Aged About 63 Years Occupation Superintendent Fire Brigade Office Nagar, Nigam Raipur Tikrapara Near P.s.
Station Tikarapara Raipur C.g.
5.
B.L. Chandrakar Fire Chief Nagar Nigam Raipur Head Office Raipur C.g.
---- Respondents For Appellants :
Shri HB. Agrawal, Sr. Advocate along with Shri Pankaj Agrawal.
For Respondent No.1 Shri SK. Dadsena.
For Respondent No.2 & 3/ State Shri RK. Gupta, Dy. AG.
Hon'ble The Acting Chief Justice Hon'ble Shri Justice P. Sam Koshy Order On Board Per Navin Sinha, Acting Chief Justice 03/03/2015
1.
IA No.1 has been filed to condone the delay of 336 days in filing the appeal.
2.
We have heard counsel for the parties.
3.
Considering the duration, delay is condoned.
4.
The present appeal arises from order dated 18.7.2014 in WP(S) No.2993/14 directing reinstatement of the Respondent No.1 in the capacity of daily wager.
5.
Learned Senior Counsel for the Appellants submits that he seeks a limited clarification that a daily wager has no indefeasible right to continue in service for all times to come. Discretion has to be given to the employer to keep or dispense the services of a daily wage dependent on the needs of the employer and the exigency of service required.
6.
Learned Counsel for Respondent No.1 submits that one daily wager cannot be replaced by another daily wager. 7.
The appeal is disposed with the observation that the right of a daily wager to continue in service is always subject to the needs and exigency of the requirement but with the condition that one daily wager cannot be replaced by another daily wager.
8.
The appeal stands disposed.
ACTING CHIEF JUSTICE JUDGE Priya