RANDHIR SINGH Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) The petitioner has approached this Court under Articles 226/227 of the Constitution of India praying for issuance of an appropriate writ, order or direction to the respondents commanding the respondents to sanction a post of driver for the petitioner and to regularise his services on that post in furtherance to the letter dated 16.5.2000 issued to the Government by his department and further for grant of consequential reliefs.

(2.) The necesssary facts are that petitioner was employed as driver of tractor by the respondent-department on daily wages with effect from 17.7.1991. The petitioner was continuously working till 30.11.1992 when his services were allegedly terminated in violation of the provisions of the Industrial Disputes Act. The petitioner raised an industrial dispute by serving a demand notice upon the respondents 2 and 5. The dispute was referred to the Labour Court, Hisar, which vide its award dated 4.6.1997 Annexure P/1 to the writ petition, set aside the termination of the petitioner being illegal, unjustified and that the petitioner had been reinstated with back wages, continuity of service and all other service benefits.

(3.) On 7.3.1996 Government of Haryana issued instructions for regularisation of daily wagers which was amended further vide instructions dated 18.3.1996. In terms thereof, a daily wager was entitled to regularistion of his services if he had completed three years of service and satisfied other conditions of the policy. The respondents did not regularise the services of the petitioner and he served a notice upon the respondents dated 25.4.1999. As the respondents still fail to agree to the request of the petitioner, he filed CWP No. 1031 of 2002 titled as Randhir Singh v. State of Haryana and others, which was disposed of vide order dated 27.1.2002 of Division Bench this Court directing the respondents to consider the representation of the petitioner and to pass appropriate orders. In furtherance thereto, the respondents relied the legal notice served by the petitioner on 8.5.2002, Annexure P/4 to the writ petition. It has been stated in the order that there is no vacant post of tractor driver in the Forest Department. The proposal had been sent to the Government for creation of a post and as a result of which the services, of the petitioner would be considered for regularisation. The petitioner has waited for a considerable time and has thereafter approached the Court praying for the aforesaid reliefs.