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SUPREME COURT OF INDIA
A.M. AHMADI, KULDIP SINGH AND B.P. JEEVAN REDDY, JJ.
State of Haryana and others, etc. etc., Appellants
Versus
Piara Singh and others etc. etc., Respondents
Industrial Disputes Act - Posts in Education Department - Casual labor - Special Leave Petitions - Appointments were made to Class III and IV services in States on ad hoc basis i.e. without reference to Public Service Commission or the Subordinate Services Selection Board and without adhering to employment exchange requirements - They were initially appointed for a period of six months or so but were continued for years together under orders passed from time to time - (In so far as the State of Haryana is concerned most of Class Ill posts in Education Department were kept out of purview of S.S.S.B. during the period - For a period of years it is stated there was no Board in existence in State - Only in March almost all posts in Education Department and other Departments were brought within purview of the S.S.S.B.).As a result of the above policy a large number of ad hoc employees came into existence in both the States who were continuing over several years without being regularized and were agitating for their regularization – Held, So far as employees and workmen employed by statutory/public corporations are concerned it may be noted that they have not issued any orders akin to those issued by Governments - Even so it is but appropriate that they adopt as far as possible keeping the exigencies and requirements of their administration in view criteria and principles underlying orders issued by their Government in matter of regularization and pass appropriate orders - In short Statutory/ Public Corporations in will follow orders contained in letter referred to above as supplemented by orders in Notification whereas Statutory/ Public Corporations in Punjab shall follow the criteria and principles stated in affidavit - Order accordingly.
Key Points: - The judgment analyzes the validity and scope of High Court directions on regularisation of ad hoc/temporary employees, including work-charged, daily wagers, casual labour and others, in Punjab and Haryana. (!) (!) - It upholds certain Government orders (Punjab and Haryana) governing regularisation criteria (vacancy, sponsorship, qualifications, conduct, etc.) and invalidates blanket unconditional regularisation for all with one year/two years service. (!) (!) (!) - It endorses requiring eligibility conditions such as vacancy existence, recruitment through Employment Exchange or public advertisement, and proper departmental approvals for regularisation. (!) (!) (!) (!) (!) (!) (!) - It holds that fixation of specific dates for completion of prescribed service is not inherently arbitrary given the factual context, and that employment sponsorship and non-employment-entry through back doors are valid considerations. (!) (!) (!) (!) - It directs state schemes for regularisation, with differentiated treatment for categories (ad hoc, work-charged, casual/daily, workmen) and sets timelines for implementation and wage/seniority guidelines. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) - It declines blanket equal-pay directives and emphasizes executive policy framing to avoid disruption of regular recruitment. (!) (!) - It ultimately allows appeals and sets aside most High Court directions, maintaining that regularisation should follow state schemes while considering fairness and reservation policies. (!) (!) (!)
Judgment
B.P. JEEVAN REDDY, J.:- This batch of Special Leave Petitions is directed against the judgment of a Division Bench of Punjab and Haryana High Court in a batch of writ petitions, the first among them being Writ Petn. (C) No. 72 of 1988 : (reported in 1989 Lab IC 807) (Piara Singh v. State of Haryana). A large number of writ petitions arising from both the States of Punjab and Haryana were heard together and a common judgment delivered giving certain directions in the matter of regularisation of the ad hoc/temporary employees, members of work charged establishments, daily-wagers, casual labour and those engaged temporarily in temporary schemes. We have heard all the counsel appearing in this batch at quite some length.
Leave granted in all the Special Leave Petitions.
2. Over the last several years a large number of appointments were made to Class III and IV services in the States of Punjab and Haryana on ad hoc basis i.e., without reference to Public Service Commission or the Subordinate Services Selection Board and without adhering to employment exchange requirements. They were initially appointed for a period of six months or so but were continued for years together under orders passed from time to time. (In so far as the State of Haryana is concerned, most of the Class Ill posts in the Education Department were kept out of the purview of the S.S.S.B. during the period 1970 to 1987. For a period of 10 years, it is stated, there was no Board in existence in the State. Only in March 1987, almost all the posts in Education Department and other Departments were brought within the purview of the S.S.S.B.).As a result of the above policy, a large number of ad hoc employees came into existence in both the States, who were continuing over several years without being regularised and were agitating for their regularisation. To meet the situation, both the Governments issued orders from time to time for regularisation of such employees subject to certain conditions. The orders issued by the Government of Punjab are the following:
S. No. Date of issue Substance of the Order
1 2 3
1 3-3-1969 Regularisation of ad hoc employees completing one year service on 28-2-1969.
2. 29-1-1973 Regularisation of ad hoc employees completing one year service on 1-1-1973.
3. 3-5-1977 Regularisation of ad hoc employees completing one year service on 1-4-1977.
4. 20-10-1980 Regularisation of ad hoc employees completing one year service on 1-10-1980.
5. 20-10-1982 Regularisation of ad hoc employees completing one year service on 26-10-1982.
6. 29-3-1985 Regularisation of ad hoc employees completing two years service on 1-4-1985.
7. 8-8-1985 Modifying the order issued on 29-3-1985 and directing that all Class III ad hoc employees having one year service on 1-4-1985 may be regularised.
8. 1-9-1986 Regularisation of Class III ad hoc employees appointed after 1-4-1984.
The orders issued by the Government of Haryana are the following:
S. No. Date of issue Substance of the Order
1 2 3
1. 1-1-1980 Regularisation of all Class III ad hoc employees who have completed two years service on 31-3-1979.
2. 3-1-1983 Regularisation of ad hoc Clerks in Class III who have completed two years service on 15-9-1982.
3. 19-1-1984 Regularisation of Class III ad hoc employees who have completed two years of service on 15-9-1982. (The employees who were left out in the orders dt. 3-1-1983 were brought within the purview of this order.)
4. 15-2-1987 Regularisation of all Class III ad hoc employees other than teachers working against posts which have been taken out of the purview of the S.S.S.B. and who have completed two years service on 1- 11- 1986.
In pursuance of the above orders a number of persons who satisfied the conditions prescribed in each of those orders were regularised but many could not be. Their services could not be regularised for the reason that they did not satisfy one or the other of the conditions prescribed in the said orders. They were, however, allowed to
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