JOGINDER Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) On 23.01.1991 the petitioner joined the Transport Department of the State of Haryana as a Helper Tyreman. On termination of his services on 31.08.1991, he raised a dispute which was referred to the Labour Court where the matter was compromised. As per the compromise the petitioner was to be reinstated but as a fresh appointee. In pursuance to the above referred compromise the petitioner joined the respondent department on 08.03.1996. Through policy dated 01.10.2003 (Annexure P -2) the State of Haryana took a decision to regularize the services of all daily wage employees who had put in three years service as on 30.09.2003. In pursuance to such policy the services of the petitioner were regularized vide order dated 10.03.2004 (Annexure P -4) but through the impugned order dated 19.10.2004 the order of regularization of the services of the petitioner was sought to be withdrawn. The withdrawal of the order of regularization was on the basis of the amended regularization policy of the State of Haryana dated 10.02.2004 which provided that only those employees working on daily wages who had put in three years of service and had been initially employed prior to 31.01.1996 were entitled to regularization. The petitioner having not been appointed prior to 31.01.1996 was thus considered ineligible and the order dated 10.03.2004 regularizing his services was withdrawn. It is this order that has been challenged through the present petition.

(2.) I have heard learned counsel for the parties.

(3.) Learned counsel for the petitioner states that an identical issue has been considered and decided by a Division Bench of this Court in CWP No. 9708 of 2004 titled as Ajit Singh v/s. State of Haryana and Others, decided on 04.02.2015 wherein it has been held as under: