UNION OF INDIA Vs. SURINDER PAL

JUDGEMENT

(1.) The instant appeal filed under Clause X of the Letters Patent is directed against judgment dated 04.05.2011 rendered by the learned Single Judge holding that the writ petitioner-respondents who were working for the last more than 14 years were entitled to benefit of any scheme to be framed for regularization and the appellants have been restrained from replacing the writ petitioner-respondents by appointing new incumbents on temporary basis. In that regard reliance has been placed on the observation made by Hon'ble the Supreme Court in the judgment titled as Union of India v. Vartak Labour Union, 2011 4 SCC 200. While allowing the appeal of the Union of India against the judgment of the High Court of Gauhati in which directions were issued to regularize the services of Casual Paid Labourers like the writ petitionerrespondents, Hon'ble the Supreme Court observed as under:

(2.) A perusal of the aforesaid directions issued by Hon'ble the Supreme Court would show that the appellant was required to formulate a scheme in respect of such Casual Paid Labourers who have rendered long years of service as such. In the present appeal also the writ petitioner-respondents have also rendered long service more than 14 years and the learned Single Judge has correctly held that such a Scheme framed in terms of the directions issued by Hon'ble the Supreme Court in the case of Vartak Labour Union would also be applicable to the facts of the case in hand.

(3.) The learned Single Judge has also directed that the services of the writ petitioner-respondents may not be terminated by replacing them by similar temporary arrangement. However, it has been left open to the appellants to make appointment on regular basis in accordance with the established procedure and in consonance with Article 14 and 16 (1) of the Constitution.