Regularisation does not occur automatically after completing two years of service, and the workman must clear the screening test.

1. - This writ petition undr Articles 226 and 27 of the Constitution of India: has been filed by the petitioners on 14.3.2001 against the respondents with the prayer that by an appropriate writ, order or direction, the judgment and award dated 24.8.2000 (Annex. 12) passed by the respondent No. 1 Judge, Industrial Tribunal Bikaner by which respondent No. 2 Ganesh Ram was regularised in service with effect from 1.4.1982, be quashed and set aside.

2. The case of the petitioners as put forward by them in this writ petition is as follows:

The respondent No. 2 Ganesh Ram was engaged as casual daily rated workman on 10.9.1979 and thereafter, on 31.5.1980 he was engaged as work-charged employee.
The case of the petitioners is that so far as the grant of regular pay scale and regularisation of services of work-charged employees is concerned, the Vidyut Board has from time to time constituted Screening Committee for adjudging the suitability of the workmen who had completed two years of service and as per the recommendations of the Screening Committee, the incumbents and workmen are entitled to be given regularisation and regular pay scale against sanctioned posts.The further case of the petitioners is that so far as the respondent No. 2 Ganesh Ram is concerned, he has not completed two years of service as on 31.3.1982 and, therefore, there was no question of considering him for grant of regular pay scale by the Screening Committee constituted vide order Annex. 1 dated 26.9.1983 for the purpose of grant of regular pay scale and regularisation of services of those workmen who had completed two years of service as on 31.3.1982.It was further submitted by the petitioners that on 12.8.1987 a decision was taken by the erstwhile Board to review all such cases of those workmen who were either not present before the earlier Committee or were not found suitable. A copy of the order dated 12.8.1987 is marked as Annex. 2.It was further submitted by the petitioners that the respondent No. 2 was also called to appear before the Review Committee to consider his case for the grant of regular pay scale of Helper Gr. II after completion of two years of service as on 1.4.1982. The respondent No. 2 appeared before the Review Committee on 17.9.1987 which submitted its report to the erstwhile Board but the respondent No. 2 was not found suitable for the purposes of regularisation and his case was considered and rejected by the Screening Committee. In this regard, an order was passed on 21.11.1987 showing the recommendations of the Screening Committee. A copy of the said order dated 21.11.1987 is marked as Annex. 3.Thereafter, the Screening Committee was again reconstituted vide order dated 2.3.1989 (Annex. 4) and the scrutiny was done by the said Screening Committee and in this regard, an order Annex. 5 dated 23.3.1989 was passed for screening of workers who have completed two years service on 31st March, 1983 or thereafter upto 31.3.1987, to adjudge their suitability for regularisation and grant of regular pay scale.The said Screening Committee found the respondent No. 2 suitable for grant of regular pay scale with effect from 1.4.1989 and thus, as per the decision of the said Screening Committee, the respondent No. 2 was given regular pay scale on the post of Helper Gr. II with effect from 1st April, 1989 vide order dated 28.4.1990, a copy of which is marked as Annex. 6.Since the respondent No. 2 was given regular pay scale with effect from 1st April, 1989 vide order dated 28.4.1990 (Annex. 6), therefore, aggrieved from that order, the respondent No. 2 preferred a writ petition before this Court being S.B. Civil Writ Petition No. 3876/90, but this Court directed the respondent No. 2 to first approach the Labour Court.Thereafter, through Notification dated 6.9.1999, a reference was made to , the Industrial Tribunal, Bikaner under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act of 1947") to the effect whether non-g