UNION OF INDIA Vs. SHIV RAM

JUDGEMENT

(1.) THE petition impugns the award dated 7th October, 2004 of the Labour Court directing the petitioner to regularize the employment of the two respondents/workmen, employed with the petitioner on temporary basis, with effect from the date of their initial employment in the year 1986. THE petition came up before this Court first on 20 th February, 2006 when the writ petition was dismissed so far as the direction to regularize the workmen w.e.f. 1986 and payment of their full arrears w.e.f. 4 th March, 1996 was concerned. Notice was issued limited to the point of payment of arrears from 1986 till 4 th March, 1996 when the workmen had cleared/qualified the departmental test held for regularization of muster roll/temporary employees.

(2.) IT is not in dispute that the respondent no.1 was regularized w.e.f. 21st May, 1996 on clearing the departmental test and the respondent no.2 qualified the departmental test on 4th March, 1996 but notwithstanding the same his services were not regularized. The respondent no.1 has chosen not to contest the petition. The respondent no.2 has filed a counter affidavit but in which nothing qua the aspect on which notice was issued has been stated.