Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Employment Exchanges Constitution |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Employment Exchanges (compulsory Notification of Vacancies) Act, 1959 (31 of 1959) |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Constitution of India, 1950: Articles 14, 14 19, 21, 41-'Jawahar Rozgar Yojna'-Temporary Scheme to provide daily wage employment to rural poor and landless labourers during lean periods- Daily wage workers- Right to be absorbed as regular employees-Consideration to be taken into account.Right to work and livelihood-Whether included in right to life -Whether recognized as a fundamental right. Labour Law: Daily wage workers-Recruitment- Regularisation -Factors for consideration. Employment Exchanges (Compulsory Notification of Vacancies) Act 1959. Employment Exchange-Registration for employment-Recruitment through employment exchanges-Necessity for. The Government of India, during the 5th and 6th Five Year Plans, formulated various schemes, such as "food for work", "National Rural Employment Programme", "Rural Landless Employment Guarantee Programme" etc., to provide wage employment to agricultural and landless labourers in the country during lean periods. These programmes included plantation of trees under social forestry scheme in the rural areas. The entire work was done by providing daily wage employment to rural workers of local areas without reference to any Employment Exchange.In the Union Territory or Delhi, the plantation work was monitored by the District Rural . Development Agency (DRDA). Since the work involved knowledge of plantation and agricultural practices, some unemployed Agricultural Graduates/Diploma-holders, including the Petitioners, approached the DRDA and were given daily wage employment under the said programme: They were called Supervisors/Work Assistants and were paid higher daily wages compared to those paid to the unskilled workers. At no stage any regular posts were created under the DRDA either for the Supervisors etc. or for the labourers, since the schemes were financed by the Government of India and the DRDA was only the implementing machinery. In 1988-90 the Government of India announced a new scheme, called "Jawahar Lal Nehru Rozgar Yojna", for intensive employment in backward districts where acute poverty and unemployment prevailed. Later on, all the Schemes were merged in 'one known as "Jawahar Rozgar Yojna". Under this programme, the monetary assistance received from the Central Government and the State Government/Union Territories was given directly to the village Panchayats which exclusively made the choice or work and employed the work-force. The DRDA ceased, w.e.f. 31.7.1989 to be the machinery in these respects and was no longer directly concerned with the payment of wages to the workers. The petitioners filed the writ petitions before this Court for the difference in wages paid to them and those paid to the regular employees as also for their absorption in the Development Department of the Delhi Administration and for injunction prohibiting the termination of their services. It was contended that they were employed by and were working under the DRDA which was a department either of the Central Government or the Delhi Administration and was not an autonomous body, and that the DRDA continues to be the employing agency because the tenure of the Pradhans of Village Panchayats under the Union Territory of Delhi expired nod the administration of the Panchayats was carried on by the Block Devolopment Officers. |
Judge | Hon'ble Mr. Justice P.B. Sawant |
Neutral Citation | 1992 INSC 38 |
Petitioner | Delhi Development Horticulture Employees` Union . |
Respondent | Delhi Administration, Delhi And Ors. |
SCR | [1992] 1 S.C.R. 565 |
Judgement Date | 1992-02-04 |
Case Number | 323 |
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