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SC Issues Notice To Centre On Loaders Plea Seeking To Be Treated As Regular Employees

SC

New Delhi: The Supreme Court has issued notice to the Centre and others on a plea seeking to treat petitioners as regular loaders in the Indian Army and extended them all the benefits which are being given to the regularly appointed loaders discharging of identical work.

A bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha issued notice on the plea filed by Yash Pal and others, represented by advocates Balwant Singh Billowria, Tripurari Ray, Nithyananda Murthy P., Bhanu Prabha, Vivekanand Singh, and Manu Shanker Mishra. Some of the petitioners who have been working under the Ministry of Defence, for the last 24 years continuously are being deprived of their right to be treated as regular employees.

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โ€œPetitioners are still being treated as a loader on daily wages and have not implemented the scheme called โ€œCasual Labourers (Grant of Temporary Status and Regularisation) scheme of Government of India, 1993โ€ณ In view of the letter dated 14.10.1993 issued by the Government of India, Ministry of Defence to all three chiefs i.e The Chief of the Army Staff, The Chief of Naval Staff, The Chief of Air Staff in respect of grant of temporary status and regularization of casual workers,โ€ the plea said.

Petitioners, admittedly have been working for 353 days in a year and have been working for the past more than 24 years, however, they are still being treated as daily wagers, by the respondents.

The petitioner also urged to issue an appropriate direction to treat petitioners as regular loaders in the Indian army and extend them all benefits which are being given to the regularly appointed loaders discharging identical work by treating already rendered services by the petitioners as rendered by regularly appointed loaders and further are entitled to be considered for grant of temporary status and consideration for regularization in view of the scheme called โ€œCasual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government of India, 1993.โ€

The petitioner sought to direct the respondents to consider regularization of the petitioners in the present post from the day they have completed 240 days with all consequential benefits on such regularization.

(Except for the headline, this story has not been edited by HW News staff and is published from a syndicated feed.)

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National Politics

Hardik Patel Acquitted In 5-Year-Old Case Of Disobeying Government Order

Shashank

Hardik Patel faces nearly 30 cases, including two sedition cases in Gujarat.

A court in Gujarat on Friday acquitted Gujarat BJP MLA Hardik Patel in a five-year-old case wherein he was accused of delivering a political speech at a gathering in violation of conditions laid out by authorities while granting permission for the event, reported NDTV. 

Chief Judicial Magistrate of Jamnagar, Manish Nandani, exonerated Mr Patel and one Ankit Ghadiya of all charges noting that the prosecution had failed to establish its case beyond any doubt and even the complainant, now a retired government employee, was not aware of all the details in the complaint.

As per the FIR registered at Jamnagar โ€˜Aโ€™ Division police station, Mr Patel, who then spearheaded the Patidar quota agitation under the banner of Patidar Anamat Andolan Samiti (PAAS), delivered a โ€œpoliticalโ€ speech at a rally in Dhutarpur village of Jamnagar district on November 4, 2017. The Gujarat Assembly polls were held a month later.

Ahead of the event, Mr Ghadiya had approached the office of the Mamlatdar (executive magistrate) to seek permission on the ground that Mr Patel would address the crowd on education and social reforms. The prosecution said the permission was granted on that ground only.

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However, the Pattidar leader was accused of giving a โ€œpolitical speechโ€ in violation of the conditions on which the permission for the rally had been granted. He and Mr Ghadiya, a native of Jamnagar, were booked under Sections 36(a), 72(2) and 134 of the Gujarat Police Act, which deals with punishment for disobeying government orders.

In the order, Magistrate Nandani noted that the prosecution had failed to explain why the FIR was registered after nearly 70 days and who was in the possession of the CD that contained Patelโ€™s speech. Moreover, neither Mr Patel nor Mr Ghadiya had signed the application which was submitted to the Mamlatdar while seeking permission, the order said.

The magistrate also noted that not just the โ€˜panchsโ€™ (witnesses) but even the complainant in the case, Kirit Sanghavi, was not aware of the contents of the speech.

During cross-examination by the defence, Mr Sanghavi, then a circle officer in Mamlatdar office, said he gave the complaint as per the instructions of higher-ups and he was neither present at the spot nor he had any specific knowledge about what exactly happened in the rally.

The magistrate noted that the registration of the complaint as well as the subsequent investigation was carried out in a โ€œmechanicalโ€ manner and there exists no evidence which proves the case beyond any doubt.

After the 2017 Assembly polls, Patel joined the Congress in Gujarat and was made its working president. He quit the opposition party ahead of the December 2022 state polls and was subsequently elected as an MLA on a BJP ticket from the Viramgam constituency of Ahmedabad. Hardik Patel faces nearly 30 cases, including two sedition cases in Gujarat.

 

 

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