CONTRACT BIG ARTIFICIAL BREAKS
BEFORE THE HON'BLE H.P. STATE ADMINISTRATIVE TRIBUNAL AT ____________
O A No.: ______of ____
_______________________________________ Petitioner/Applicant
VERSUS
_______________________________________ Respondent.
Application under section 19 of the Administrative Tribunal Act 1985
Respectfully:
- Particulars of the applicant:
As given above.
- Particulars of the respondents:
As given above.
- Impugned Order:
That the applicant has come before the Hon'ble Tribunal against the oral orders of giving the artificial brakes vide order dated ______, whereby he has been ordered not to join the duties for further ten days.
The applicant is also challenging the very illegal act on the part of the respondents whereby he has regularly been given ten days brakes in a month from the date of his joining which amounts to artificial and fictitious brakes so that the applicant be not eligible to get the benefit of completion of 240 days in a calendar year.
The applicant has also come before the Hon'ble Tribunal with the prayer that he be declared to have completed 240 days in a calendar year, since the year, ______ till date. The marginal difference of says about 10 days to 15 days for the completion of 240 days in a calendar year be ordered to be considered as working days for the purpose of accounting of 240 days in a calendar year for the disputed period.
The applicant also prays for regularisation of his duty and challenges the illegal, arbitrary and discriminatory acts of the respondents not to give him artificial brakes in future.
- JURISDICTION:
That the applicant declares that the subject matter against which applicant wants redressal is within the jurisdiction of this Hon'ble Tribunal.
- LIMITATION:
That the applicant declares that the application is within limitation prescribed under section 21 of the State Administrative Tribunal Act 1995.
- FACTS OF THE CASE:
Brief facts of the case are narrated as under:
6.1 That the applicant was engaged as daily wager _____ by the respondents since _____ and thereafter has been continuously working with the respondent's department till _____ to the entire satisfaction of the respondent-department.
6.2 That the applicant has completed as per official records the man-days with the respondent-department as per details are given herein under:-
GROUNDS
6.3 That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, each one of which is without prejudice to and independent of others:-
(a) That the impugned order issued by the respondent is arbitrary, malafide, illegal, ultra vires, against the Articles 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice.
(b) That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estopple applies against the respondents.
(c) That the impugned order is against the well-settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases.
(d) That right from the very beginning i.e. from the appointment of the applicant, respondent department are giving few days artificial brakes in a every month solely with the purpose that the applicant be not able to complete the 240 days in a calendar year and also to deprive him of the certain benefits of salary and leave of Sunday etc, which becomes available to the daily wager in case he works continuously for 6 days a week and he is entitled to wages and holidays of Sunday of that week. It is also pertinent to mention here that the respondent has made certain such arrangement to deprive the applicant from the above said benefits that they usually give Muster Roll on or for such dates in the month that he has been deprived of the aforesaid benefits at least thrice in the month.
(e) That the oral suspension of the applicant for few days or so in a month by the respondent department is highly illegal, wrong, discriminatory, arbitrary and unconstitutional being contrary to law and the judgments of the Hon'ble Apex Court of India and catena of judgments passed by the Hon'ble Tribunal also.
(f) That in fact, the appointment of the applicant is against the sanctioned post and as the applicant is serving the respondent-department for a considerable long period, it is also to be implied that the post against which the applicant has been appointed is regular one and sanctioned one. It is also pertinent to mention here that the other daily wagers appointed in the same or other Sub Division of the respondent-department are also being treated in the same manner as the case of the present applicant.
(g) That the respondent-department has given undue advantage to other persons of the same category in different Divisions who are situated in the same and similar position who are continuously working at different works. Rather they are favoring their own men and thereby giving the regular artificial and fictitious brakes to the applicant which is required to be declared null and void and ultra vires of the constitution.
(h) That this Hon'ble Tribunal has been pleased to issue interim orders in the same and similar matter registered as OA No. ______ titled as Sh. ______ Kumar Vs ______ on ______.
(i) That since beginning the applicant never remained absent from the duties willfully or for any other reasons till date. But the respondent-department is giving oral brakes of short period varied from 10 days to 15 days, so that the applicant is deprived of becoming eligible for keeping his services regularized with the respondent department after successful completion of 240 days in a calendar year and total number of 10 years, in view of the judgment of Hon'ble Supreme court of India in case titled as Mool Raj Upadhaya Versus State of H.P and others. Even otherwise, the applicant has already completed 240 days in a calendar year, and as such, his services cannot be dispensed with without giving him statutory notice or remuneration that too in accordance with law and as such, the artificial and fictitious brakes as given by the respondent department is illegal and as such, the illegal procedure/brakes which is being adopted by the department and in the case of the applicant, is to be stopped in future.
(j) That the respondent-department has got sufficient work and funds with them and they are carrying duty, new work in the subdivision and circle and at times they are also engaging new persons on the employment as daily wagers as such, the petitioner is also entitled to continue as baildar in the department without any brakes. On the one hand, the respondent-department had to regularize service of daily rated persons and giving them the benefit of their services in the department but, on the other hand, the only bread earner of a poor family has been given false and fictitious brakes from the services which action of the respondent-department are inhuman, discriminatory, unconstitutional and against the basic principle of natural justice, hence liable to be stayed by the direction of this Hon'ble Tribunal.
(k) That though the applicant has been engaged against the sanctioned post and marked against Muster Roll also and the respondent-department is taking the work of same from him and as such, the applicant is also entitled to the salary of regular hand for the same and similar post right from beginning under the policy of government regarding equal pay for equal work.
- RELIEF SOUGHT:
That in view of the facts and circumstances submitted hereinabove in para 6, the applicant prays for the kind indulgence of this Hon'ble Tribunal for the following relief:-
(a) That the respondent-department be directed not to give any artificial and fictitious brakes in future to the applicant and the impugned oral order dated _______ regarding giving the artificial and fictitious brakes be set aside;
(b) That the respondents be directed to produce the original record of service of the applicant along with their reply for perusal by this Hon'ble Tribunal;
(c) That the respondents' action for giving previous artificial brakes to the applicant till date be also declared to be null and void and the respondent be directed to consider the case of the applicant that he has completed 240 days in the calendar year right from the date of appointment as the applicant could not complete 240 in a calendar year only due to the artificial breaks given by the respondent department and direct the respondents to count the break period towards the seniority of the applicant for all consequential purposes and intents;
(d) Allow the cost of this O.A.;
(e) Pass such other order or directions as deemed fit and proper in favour of the applicant.
INTERIM ORDER IF PRAYED FOR:
It is most respectfully prayed that the operation of the oral orders of fictional brakes dated ______ passed by the respondent be stayed during the pendency of the OA and applicant be allowed to continue against the same post in the interest of justice.
- DETAILS OF THE REMEDIES EXHAUSTED:
That the applicant declares that no statutory remedy is available to him except to file the present application before this Hon'ble Tribunal.
- MATTER NOT PENDING IN ANY OTHER COURT:
The applicant declares that the matter regarding which this application is made is not pending before any court of law or any authority or has not been rejected by any court of law or authority.
- DETAILS OF INDEX:
The index is enclosed.
- LIST OF ENCLOSURES:
- As per index.
(Name of Place) Applicant
______ Through, Advocate
Verification:
I, ______, do hereby verify that the contents of the above Interrogatories from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this ______.
Plaintiff / Defendant
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ______________
O A No: ______ of ____
_______________________________________ Petitioner/Applicant
VERSES
_______________________________________ Respondent.
Affidavit in support of O.A. under Section 19 of the __________ Administrative Tribunals Act 1985.
I, ______, do hereby solemnly, affirm and declare as under:
- That the accompanying O.A. has been prepared under my instructions.
- That the contents of paragraphs 1 to 12 of the accompanying application are correct and true to the best of my knowledge.
- That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this the ______
Deponent
Annexure A-1
Mandays Chart
_________________________________
Month Nos. of days worked. Remarks
_________________________________
Jan
Feb
Mar-Dec
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ____________
O A No: ______ of ______
_______________________________________ Applicant
VERSES
_______________________________________ Respondent.
Index
|
SI No |
Annx |
Particulars of Documents |
Pages |
|
1 |
|
Court Fees |
[I] |
|
2 |
|
Memo of Parties |
1 |
|
3 |
|
OA |
2 |
|
4 |
|
Affidavit |
|
|
5 |
A-1 |
|
|
|
6 |
A-2 |
|
|
|
7 |
A-3 |
|
|
|
8 |
A-4 |
|
|
|
9 |
|
Power of Attorney |
|
(Name of Place) Applicant
_______ Through, Advocate
Annexure - A
High Court of ________________________
Appellate Side
Receipt showing Court Fees Paid : OA No :______ of ____
______ VERSES ______
|
Particulars |
Amount |
|
Court Fees stamp on Memo |
|
|
Petition |
|
|
Enclosures |
|
|
Vakalatnama |
|
|
Process Fees |
|
|
Others |
|
|
Total |
|
Date : ______
Signature of Receiving Clerk
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT _________________________
O A No.:______ of ____
_______________________________________ Applicant
VERSUS
_______________________________________Respondent.
Court Fees Rs. ___/-
(Name of Place) Applicant
______ Through, Advocate
