The main legal point established in the judgment is the interpretation of Section 25-F of the Industrial Disputes Act, 1947, and the application of policies related to regularization in the context of the petitioner's claim.

Rajiv Narain Raina, J.

The petitioner was engaged as an unskilled labour in Public Health Sub Division No. 5 in the Public Health Department, Haryana w.e.f. 1.4.1989. He worked up to February 1991. He filed C.W.P. No. 15601 of 1990 claiming regularization of his services in terms of the Division Bench decision of this Court in Piara Singh's case, 1988 (4) SLR 739 from the date of his initial appointment and to grant him equal pay for equal work in parity with regular employees of the respondent department. The writ petition was disposed of on 5.12.1990 by passing the following order:

The petitioner is seeking regularization of his service in view of Piara Singh's case (supra) without any representation.

He may make a representation to the authority who will pass speaking order on the same within six months thereof. Status quo regarding service to continue as it exists today subject to his filing the representation within a fortnight.

The writ petition is disposed of accordingly.

2. The petitioner avers that he made representation but his services were terminated by an oral order w.e.f. 1.3.1991. The representation made by the petitioner was disposed of and rejected on 10.4.1991, the date when the cause of action would be taken as accrued. Retrenchment from service for violation of Section 25-F of the Industrial Disputes Act, 1947 (for short "the Act") was made subject matter of Industrial Reference No. 30 of 2005 on raising of demand for reinstatement etc. which was tried by the Presiding Officer, Labour Court, Panipat. It is recorded in the opening line of the award dated 6.2.2006 that the workman/petitioner served a demand notice on the management through the Executive Engineer, PWD, Public Health Division No. 2, Sonepat on 16.6.2000. The operative part of the award reads as follows:

Relief.

11. In view of my findings on the various issues above, the reference is answered in favour of the workman to the effect that the workman is entitled to reinstatement with continuity of service and full back wages from the date of demand notice i.e. 16.6.2000.

3. The State of Haryana questioned unsuccessfully the correctness of the award before this Court in C.W.P. No. 507 of 2007. The writ petition was dismissed on 15.1.2007. The finding of non-compliance of Section 25-F of the Act was upheld and the award was found justified. The further appeal to the Supreme Court failed on 12.7.2007. The award attained finality. The award has been satisfied and stands implemented. The petitioner was reinstated to service and paid arrears of back wages as awarded and is presently working in Public Health Sub Division at Sonepat and drawing salary at DC rates as are admissible to daily wagers fixed from time-to-time.

4. After reinstatement in 2007 the petitioner, for the first time, made a representation to the respondent-Department that his services be regularized and he be given all benefits flowing therefrom by treating him as a regular employee w.e.f. 1.4.1993 in the light of then existing policy of regularization. His case was recommended by the Executive Engineer to the Superintending Engineer, Public Health Engineering Circle, Sonepat vide memo dated 29.9.2011 that he be regularized w.e.f. 1.4.1993 by operation of award of Labour Court. The Superintending Engineer also recommended the case of the petitioner to the Engineer-in-Chief, Public Health Engineering Department, Panchkula vide his memo dated 30.9.2011 in terms of orders of the Court. The case of the petitioner before the Department was that his junior had been regularized and one such was Naresh Kumar who was engaged as daily wager on 5.5.1995 and was regularized by order dated 29.3.2010 w.e.f. 1.10.2003. Another junior was Kumesh Kumar who filed C.W.P. No. 1275 of 2011 claiming regularization which was decided in favour of Kumesh Kumar. Naresh Kumar also litigated through C.W.P. No. 3557 of 2005 against which SLP was dismissed on 9.1.2008. Kumesh Kumar filed C.O.C.P. No. 959 of 2013 an