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TMI Blog2006 (9) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... ondents were appointed on daily wages. The amount of daily wages at the rate of ₹ 97.14p. was fixed by the Collector of District. They are not appointed upon compliance of the statutory rules. No advertisement was issued. Vacancies were also not notified to the Employment Exchange. On the premise that they are entitled to regularisation of their services, they filed an original application before the Madhya Pradesh State Tribunal, inter alia, praying for the following reliefs : "(A) Order be passed for payment of Pay Scale for Assistant Grade Post Regular (except increment in salary benefit) from the date of filing the case before this Hon'ble Tribunal from the Respondents in view of the orders passed by Hon'ble M.P. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00/1994. A writ petition filed by the appellant herein before the High Court was dismissed by reason of the impugned judgment following an earlier decision of the Division Bench of the same court. Mr. S.K. Dubey, learned Senior Counsel appearing on behalf of the appellants raised a short contention in support of this appeal. It was urged that the respondents could have claimed salary on a regular scale of pay if they had a legal right to be regularised in service. The respondents, it was contended, do not hold a post and therefore, the impugned judgment cannot be sustained. Mr. Vimal Chandra Dave, learned counsel appearing on behalf of the respondents, on the other hand, submitted that respondents were entitled to the same scale of pay a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court was, thus, not correct in holding that the members of the first respondent could be treated on par with the Hospitality Organisation of the State of Karnataka. Such equation is impermissible in law. In the Hospitality Organisation of the State, the posts might have been sanctioned. Only because food is prepared and served, the same would not mean that a canteen run by a Committee can be equated thereto." A person, who had been appointed by a State upon following the Recruitment Rules, enjoys a status. A post must be created and/or sanctioned before filling it up. The question recently came up for consideration in M.P. Housing Board & Anr. vs. Manoj Shrivastava [(2006) 2 SCC 702], wherein it was held: "33. For the purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondents therein was a permanent employee within the meaning of Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961?' It was observed : "A person with a view to obtain the status of a "permanent employee" must be appointed in terms of the statutory rules. It is not the case of the respondent that he was appointed against a vacant post which was duly sanctioned by the statutory authority or his appointment was made upon following the statutory law operating in the field. The Labour Court unfortunately did not advert to the said question and proceeded to pass its award on the premise that as the respondent had worked for more than six months satisfactorily in terms of clause 2(vi) of the Standard St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsonal rights and burdens are concerned. Duggamma v. Ganeshayya, AIR 1965 Mys 97 at 101. [Indian Evidence Act (1 of 1872), Section 41.] In the language of jurisprudence status is a condition of membership of a group of which powers and duties are exclusively determined by law and not by agreement between the parties concerned. (Roshan Lal Tandon v. Union of India, 1967 SLR 832)." The said expression has been defined in Black's Law Dictionary meaning : "Standing; state or condition; social position. The legal relation of individual to rest of the community. The rights, duties, capacities and incapacities which determine a person to a given class. A legal personal relationship, not temporary in its nature nor terminable at th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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