SANT LAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By this petition, the petitioner challenges the order dated 02.02.2017 (Annexure P-8), by which his claim for regularization in service as a Class-IV employee w.e.f. 01.01.2003, has been rejected on the ground that he was not covered by either the policies dated 07.03.1996, 18.03.1996, 01.10.2003 or 18.06.2014, he being in service purely on daily wages, which service comes to an end at the end of the day. It has further been stated that he was not working on a sanctioned post and that he did not work continuously in any month nor did he work for 240 days continuously in any year.

(2.) Yet further, reference has been made to the judgment of the Supreme Court in Secretary, State of Karnataka v. Umadevi and others, 2006(4), SCC 1 , (holding therein that regularization of employees should not be a norm but only in specific cases where at the time of the recruitment, due process was followed and there was a sanctioned post available).

(3.) However, learned counsel for the petitioner refers to the Award of the Labour Court passed in the petitioners' favour on 13.02.2013 (Annexure P-1), whereby he has been granted continuity of service and back wages @ 40% on the basis of his last salary drawn, with him having been disengaged from service on 01.05.2007, after having been engaged as a daily wage labourer on 01.10.1995.