BHOOP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) CM-11836-CWP-2018:

(2.) Petitioner, unfortunately died on 23.10.2018 during pendency of instant petition, before he could get to know the final fate thereof. Just before his death, he did have a sigh of relief though, when on 04.10.2018 claim for regularization of his services was allowed by a common judgment in the first round of same very writ proceedings. Said common judgment dated 04.10.2018 was rendered by a co-ordinate bench in bunch of petitions qua a set of employees seeking regularization. However, in an intra court appeal, appellate bench remanded the entire bunch, to be decided afresh, after segregating the petitions individually, leading thus to the second foray herein. Petitioner's widow-legal representative is currently pursuing the cause.

(3.) Brief factual narrative first, shorn of unnecessary details. Petitioner since the day of his appointment i.e. 03.02.1988, worked on daily wages as a Mali-cum-Chowkidar in the Public Health Department. However, due to unauthorized absence from work, allegedly on account of illness, his services were brought to an end on or about 29.05.1993, when he was not permitted to resume work on reporting back. Subsequently, vide a Labor Court award dated 10.04.2000 (Annexure P-1), it was ordered that he be reinstated with continuity of service and full back wages. The aforesaid award was challenged through CWP No. 15175 of 2000, which was dismissed vide Single Bench judgment dated 17.09.2009 (Annexure P-2), albeit with the modification that back wages of petitioner were restricted to 50%. Single Bench judgment was further challenged in LPA No. 1312 of 2010, which too was dismissed. Notwithstanding, the petitioner was not allowed to join. Compelled, he filed a contempt petition before this court. It was only thereafter, he was allowed to rejoin duty on 01.02.2011, that too on muster roll basis. He was also paid 50% back wages i.e. a sum of Rs. 99,278/-.