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SUPREME COURT OF INDIA
S. C. Agarwal, S. Rajendra Babu
STATE OF PUNJAB AND OTHERS, APPELLANTS
Versus
SARDARA SINGH, RESPONDENT.
Civil Appeal No. 8269 of 1997 (Arising out of SLP (C) No. 18622 of 1997.),
decided on November 24, 1997.
Fact of the Case:
The respondent, who was employed on a daily-wage basis as a labourer, sought regularisation of his employment after completing more than three years of service. The High Court directed the regularisation of the respondent's employment.Finding of the Court:
The State Government had framed a scheme for regularisation through a circular dated 7-5-1993. The court found merit in the contention that regularisation could only be made in accordance with the said scheme.Ratio Decidendi:
The High Court could not directly order the regularisation of the respondent but could only direct the appellants (the authorities) to frame a scheme for regularisation. Since the scheme had already been framed, the regularisation could only be made in accordance with the scheme. [FINAL DECISION] The appeal was allowed, and the High Court's directions regarding the regularisation of the respondent were set aside. The appellants were directed to consider the matter of regularisation in accordance with the scheme, as revised from time to time, as per the circular dated 7-5-1993.ORDER
1. Delay condoned.
2. Special leave granted.
3. By the impugned judgment, the High Court has directed that the respondent who has been employed on daily-wage basis as a labourer should be regularised since he has put in more than three years of service. The submission of Shri Sodhi, the learned counsel appearing for the appellants, is that the State Government has framed a scheme for regularisation vide circular dated 7-5-1993 and that the regularisation could only be made in accordance with the said scheme. We find merit in the said contention. The High Court could not direct for regularisation of the respondent but could only direct the appellants to frame a scheme for the said regularisation and since the scheme has already been framed, the regularisation can only be made in accordance with the said scheme. In these circumstances, the appeal is allowed and the directions given by the High Court regarding regularisation of the respondent is set aside and it is directed that the appellants shall consider the matter of regularisation of the respondent in accordance with the scheme, as revised from time to time, as per the circular dated 7-5-1993. No order as to costs.
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