JUDGMENT

Civil Appeal No. 254 of 2004:

Kapadia, J. - The distinction between regularisation and conferment of permanence in civil service arises for determination in this civil appeal filed by the appellant-Jodhpur Vidyut Vitran Nigam Ltd. against decision dated 5.12.2002 delivered by the Division Bench of the High Court of Rajasthan in Civil Special Appeal (Writ) No. 867 of 2002.

2. Respondents 1 to 20 were engaged for temporary construction work in different divisions on muster roll around 21.4.1980 and on subsequent dates on daily wage basis. They completed two years of service after 31.3.1982. They claimed regularisation on completion of two years of service in terms of an Arbitration Award (Part I) dated 31.5.1978. Under para 15 of the said Award, it was stipulated that fixation in the regular pay scale for employees recruited on or after 1.4.1978 shall be regularised by the recruitment policy to be detailed in the Award to follow. On 15.6.1979 the second Award was accordingly published under which it was inter alia stipulated that workmen (work-charged) engaged between 1.4.1979 and 30.6.1979 have to be screened and if found satisfactory be classified as temporary work-charged an