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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Puran Chand – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Service of the petitioner was regularized by the respondent-Jal Shakti Vibhag on 24.02.2015 as Beldar. Instant writ petition was filed on 12.06.2023, wherein, petitioner seeks modification in the office order dated 24.02.2015 and desires ante dated regularization of his service w.e.f. the year 2006 on immediate completion of ten years of daily waged service.
2. Heard learned counsel for the parties and considered the case file.
3. Learned counsel for the petitioner submits that petitioner was appointed as daily wage Beldar on 01.01.1996 in the respondent-Department. As per applicable policy for regularization of services of daily waged employees, the petitioner was entitled to be regularized in service on completion of ten years of daily wage service i.e. in the year 2006.
Petitioner’s above prayer cannot be accepted. The case file shows that services of the petitioner were terminated by the respondent-Department in August 2004. Reference No. 115/2011 sent in that regard by the appropriate Government to the learned Labour Court-cum-Industrial Tribunal on 27.08.2011, was decided on 17.01.2013. Learned Labour Court-cum-Industrial Tribunal partly allowed th
The court held that claims for service regularization can be barred by delay and laches, and prior service cannot be counted if the employee was illegally terminated and did not meet the required wor....
Claims for service regularization must be timely; significant delays can render them inadmissible due to laches.
Delay and laches bar service claims, particularly where acquiescence and potential impact on third-party rights are involved.
The court emphasized that unreasonable delay and acquiescence can bar reinstatement claims in service matters, reinforcing the need for timely action to maintain administrative stability.
The acceptance of terms and conditions of a settlement and failure to approach the competent authority under the Act precludes a claim for retrospective regularization after a significant lapse of ti....
Point of Law : Court that practice of the respondent Corporation in not regularizing the service of the workmen even though they have completed eight years of service, amounts to unfair labour practi....
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