ARYAVEER SINGH Vs. BHARAT HEAVY ELECTRICALS LIMITED

JUDGEMENT

(1.) The order of learned Single Judge, in WPSS No.1153 of 2012 dated 09.09.2013, required the respondents-BHEL, as and when vacancy arises or a recruitment process takes place, to absorb the petitioner into service; and since the petitioner had put in long years of service, his case for absorption should be expedited.

(2.) The aforesaid order of the learned Single Judge was in implementation of the settlement arrived at between the parties on 23.07.1993 before the Labour Court, in terms of which BHEL, while permitting the petitioner to join duty, had agreed to pay him the minimum wages as prescribed under the law as was payable to unskilled workers/category under contract labour system; and his case should be considered for absorption along with such other workmen, whenever the next interviews are held for this purpose, irrespective of the prescribed age limit.

(3.) In paragraph 22 of his affidavit dated 08.10.2017, the appellant-writ petitioner has stated that one Mangre (contractual labour) was almost illiterate, and was yet selected by the Board in the year 1993 in the post of Gardner, though he did not have the minimum qualification of 8th class pass; similarly contract labourers such as Sri Rishpal having code No.702030, Sri Rampreet having code No.702180 and Sri Anil Kumar having code No.704880, whose seniority was not even properly determined, were selected by the Board; and similarly one Sandeep Kumar having code No.707540, and one Lokendra Singh having code No.707390, were also regularized in the year 1997 and 1999.