SHYAMLAL Vs. CHARANSINGH HARYANA AGRI UNIVERSITY

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for the parties. It is not disputed on behalf of the respondent - University there was a settlement between the appellant and the University before the Labour-Cum-Reconciliation Officer, Hissar on 13-10-1993 in which the University had agreed to post the appellant as a Clerk. It is also not disputed that the appellant had been working on the post of Clerk all along.

(3.) It is contended by the learned counsel appearing on behalf of the University that, since the appellant did not possess a First Division in Matric and did know typing, he was not regularised. It may be noted that these qualifications were prescribed by the Vice-Chancellor on 3rd February, 1993. The Settlement before the Labour-Cum-Reconciliation Officer had taken place on October 19, 1993 after the above qualifications were prescribed. Having agreed before the Conciliation Officer that the appellant will be appointed as a Clerk in the University, it cannot wriggle out of the Settlement and refuse regularisation of the appellant on the ground that he is not a Matric First Division. So far as other qualification is concerned, the appellant has already completed his Stenography in Hindi and holds the National Trade Certificate issued by the Government of India, Ministry of Labour (National Council for Training in Vocational Trades). That being so, the appellant is clearly entitled to be regularised on the post of Clerk.