AJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) There was an indefinite strike by the employees of the Municipal Committees in Haryana. The strike commenced from 16.12.1996. The work in the Municipal Committees was accordingly paralyzed. It is in these circumstances, the Government decided to make appointments in place of regular employees of the Municipal Committees to tide over the situation. For the aforesaid objective, various advertisements were issued by the Government. The petitioners responded to these advertisements. On their selection, they commenced to discharge their duties in various municipal committees during the subsistence of the strike. It is admitted by the respondents in the written statement that the petitioners worked for Dec., 1996 to April, 1977. Naturally on the conclusion of the strike, the petitioners were liable to be relieved.

(2.) As a gesture of goodwill, the Financial Commissioner and Secretary to Government, Haryana, Local Government Department, Chandigarh issued memorandum dated 13.5.1997 conveying the decision of the Government wherein the Deputy Commissioners and Commissioners of Municipal Corporation, Faridabad were required to retain all regular employees recruited during the strike period. Those employees who were recruited on ad hoc basis and on daily wage basis but against available vacancies, were to be adjusted seniority-wise against available vacancies. Those who could not be adjusted for reason of non-availability of vacancies were to be accommodated against future vacancies on priority basis. The decision of the Government contained in the memorandum dated 13.5.1997 was again circulated for implementation by the Director, Local Bodies, Haryana to the Deputy Commissioners of the State vide his memorandum dated 6.4.1998.

(3.) In furtherance of the decision of the State Government to absorb employees who voluntarily worked during the strike period in the Municipal Committees/Municipal Corporations in Haryana, the Deputy Commissioner Kurukshetra vide an order dated 6.7.1998 passed specific orders whereby the petitioners were absorbed against available vacancies. A perusal of the order would show that those employees who are continuing in service would be entitled to back wages, however, those whose services had been terminated after the strike was called off would too be paid wages only with effect from the date of their absorption. The terms and conditions of appointment contained in the memorandum dated 6.7.1998 are being extracted hereunder for facility of reference:-