D.M. ARAVALI GOLF CLUB v. CHANDER HASS 2007

D.M. ARAVALI GOLF CLUB v. CHANDER HASS 2007

Facts-
 The respondents in present appeal were appointed as Mali (gardener) in the service of the defendant-appellant, which is a golf club run by the Haryana Tourism Corporation in the year 1989 and 1988 on daily wages.
 In the year 1989 they were told to perform the duties of Tractor Drivers, though there was no post of tractor driver in the employer’s establishment. However, they were regularized for the post of Mali and not tractor driver.
 At the later stage, the appellants started paying them wages of tractor driver on daily wage basis, as per rates recommended by the Deputy Commissioner.
 Though they continued to work for about a decade as tractor drivers, their services were regularized against the post of Mali in the year 1999 and not as tractor driver.
 The respondents filed a civil suit claiming regularization against the post of tractor drivers.
Arguments-
RESPONDENTS
• The respondents time and again filed a representation before the concerned authorities for regularizing them on the post of Tractor Driver, but that was not done since there was no post of tractor driver.
• Respondents urged that the post of tractor driver should be created as there is no hitch in not creating the posts of drivers especially when tractors were available and there existed need to use those tractors.
APPELLANT
• Appellant argued that plying a tractor is part and parcel of the job of Mali in a Golf Club, since the Golf Field of the Club is vast and needs to be maintained with mechanical gadgets.
• Appellant took preliminary objection that as there is no sanctioned post of tractor driver and hence there is no question of their being appointed on the post of tractor driver.

Observations-
 Separation of power- Under our Constitution, the Legislature, Executive and Judiciary all have their own broad spheres of operation. Ordinarily it is not proper for any of these three organs of the State to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction.
 Function of court is to interpret the law and not legislate it- Judges must know their limits and must not try to run the Government. They must have modesty and humility, and not behave like Emperors.
 History teaches that the independence of the judiciary is jeopardized when courts become embroiled in the passions of the day and assume primary responsibility in choosing between competing political, economic and social pressures.
 When a State action is challenged, the function of the court is to examine the action in accordance with law and to determine whether the legislature or the executive has acted within the powers and functions assigned under the constitution and if not, the court must strike down the action. While doing so the court must remain within its self-imposed limits.
Conclusion-
In view of the above discussion and cases referred we are clearly of the view that both the High Court and First Appellate Court acted beyond their jurisdiction in directing creation of posts of tractor driver to accommodate the respondents. The Court cannot direct the creation of posts. Creation and sanction of posts is a prerogative of the executive or legislative authorities and the Court cannot arrogate to itself this purely executive or legislative function, and direct creation of posts in any organization. Court has time and again pointed out that the creation of a post is an executive or legislative function and it involves economic factors. Hence the Courts cannot take upon themselves the power of creation of a post. Therefore, the directions given by the High Court and First Appellate Court to create the posts of tractor driver and regularize the services of the respondents against the said posts cannot be sustained.

Leave a Reply

Articles

Bio Lyfe Keto Gummies (Updated Reviews) Reviews and Ingredients

Bio Lyfe Keto Gummies advance weight decline basically by stretching out inside power level through the course of thermogenesis. Thermogenesis is in addition revived by various upgrades like DHEA, caffeine and ephedrine, yet these blends reliably cause dazzling not very much organized results, for instance, hypertension. Making thermogenesis with close to no awful certain outcomes is […]

Read More
Articles

Bio Lyfe Keto Gummies Reviews (Pros and Cons) Is It Scam Or Trusted?

Bio Lyfe Keto Gummies are a reasonable extraordinary and hearty course of activity. They incorporate present day and standard adornments to address or fix logical issues. You need to kill the cannabinoids from the plant with exorbitant mind fulness. It very well might bejoined with first rate trimmings to make it extra enormous and taste better.The […]

Read More
Articles

What they told you in ‘Toy Story 2’ is a lie: This is how ‘Lightyear’ has changed this iconic moment in the saga

The true story behind Toy Story ‘s iconic space ranger has hit theaters. Lightyear , directed by Angus MacLane , tells the origins of the character that gave rise to the action figure given to Andy in the first installment of the saga. Buzz isn’t the only Toy Story character to appear in the film, […]

Read More