STATE OF PUNJAB Vs. GURMIT KAUR

JUDGEMENT

(1.) The State of Punjab etc. have filed this appeal against the order dated January 18, 1989, passed by the learned Single Judge accepting the writ petition filed by the respondents to quash the order dated April 6, 1987, passed by the Labour Commissioner, Punjab terminating their services.

(2.) The respondents were appointed as temporary/ad hoc Clerks in the service of the Labour Department Punjab some time in the year 1983, vide order dated March 29, 1985 issued by the President of India, it was decided that the services of all ad hoc/temporarily appointed employees appointed to Class-III services or posts under the Punjab Government shall be regularised on fulfilment of the conditions enumerated that order. Completion of two years' service as on 1.4.1985 was one of the conditions which was required to be satisfied by the temporary/ad hoc appointees to claim the benefit of the policy of regularisation. These instructions were modified vide order dated 8.8.1986 and the requirement of two years of service as on 1.4.1985 was substituted by one year's service as on 1.4.1985. Though the respondents became entitled to be considered for regularisation of their services in accordance with the aforementioned instructions, no action was taken by the department in accordance with the Government instructions. Instead, the service of the petitioners were terminated on the ground of abolition of 12 posts of Labour Inspectors and supporting staff like Clerks and Peons. The principal ground on which the petitioners (respondent herein) challenged the order dated 6.4.1987 was that the authorities concerned have acted arbitrarily inasmuch as they did not consider the cases of the petitioners for regularisation of services in accordance with the instructions issued by the Government. The appellants defended the impugned order by asserting that the temporary employees like the petitioners did not have the right to hold the posts and their services were terminated with a view to implement the policy decision taken by the Government to abolish 12 posts of Clerks.

(3.) After considering, the rival cases, the learned Single Judge held as under :