MAHAVIR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner herein is seeking regularisation of his service as a Sweeper-cum-Chowkidar in the light of policy instructions issued by the State of Punjab with all consequential benefits including arrears of salary and seniority. It is prayed that the respondents may be directed to regularise the services of the petitioner w.e.f. 29.06.2001, the date when persons junior to the petitioner were regularised.

(2.) It is contended that the petitioner was appointed on 17.05.1996 on daily wage basis. After being interviewed, he was appointed as full-time Chowkidar by the respondent Department. The State of Punjab issued instructions dated 23.01.2001 wherein it was decided that persons who had rendered 3 years of service would be regularised. The Department initially regularised the services of petitioner alongwith 9 others by order dated 04.06.2001, however, lateron the said order was withdrawn by the respondents. Thereafter the services of the petitioner were terminated by order dated 08.10.2002, which was initially challenged before the High Court by way of a writ petition, however, the High Court relegated the petitioner to avail his remedy under the Industrial Disputes Act, thus, ultimately the same was challenged before the Labour Court. The Labour Court by order dated 13.10.2005 held the termination of the petitioner to be bad in law. The award passed in favour of the petitioner was challenged by the respondent State in Civil Writ Petition No. 18624 of 2006 which was dismissed by order dated 11.12.2007. By the said order, the petitioner was permitted to rejoin service w.e.f. 26.12.2007. In 2010, the petitioner filed Civil Writ Petition No. 5854 of 2010 seeking minimum of the pay scale and other admissible allowances, which was allowed by judgement dated 24.01.2012. Since the benefits were not given, the petitioner filed a Contempt Petition and during the pendency of the contempt respondent No. 3 passed an order dated 8.2. 2013 by which it was decided that the petitioner would be considered to be in service notionally w.e.f. 15.06.1996. On the passing of the said order, the petitioner was granted the benefits treating him to be in service and arrears were also granted to him. The petitioner herein sought benefit of regularization in terms of policy instructions dated 23.01.2001. A Justice of demand notice was served upon the respondents on 20.08.2014, however, since the relief of regularization has not been granted, the petitioner has preferred this instant writ petition.

(3.) Learned counsel appearing on behalf of the petitioner contends that the petitioner has served the Department for more then 20 years and, therefore, in terms of the policy dated 23.01.2001, 15.12.2006 and subsequent policy dated 18.03.2011, he would be entitled for regularization. It is also submitted that persons Junior to the petitioner have been regularized in terms of policy instructions dated 23.01.2001 along with all consequential benefits like seniority arrears of pay etc.