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2022 Supreme(P&H) 1897

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
G.S. Sandhawalia, Vikas Suri, JJ.
State Of Haryana & Ors. – Appellants
Versus
Balwinder Singh & Ors. – Respondents
LPA No. 688 of 2021 (O&M)
Decided On : 02-12-2022

Advocates appeared:
Mr. Ankur Mittal, Addl. Ag, Haryana, Mr. Saurabh Mago, AAG, Haryana, Ms. Kushaldeep K. Manchanda, Advocate, for the Appellant; Mr. Ajay Chaudhary, Advocate, Mr. R.K. Malik, Senior Advocate with Mr. Sunil Hooda, Advocate, Mr. A.P. Bhandari, Advocate, Mr. Aditya Yadav, Advocate, Mr. S.K. Daaria, Advocate, Mr. J.S. Bedi, Advocate, Mr. Dharamveer Phour, Advocate, Mr. Harish Mehla, Advocate and Mr. Aseem Monga, Advocate, Mr. Bishan Dass Rana, Ms. Archana Vashisht, Advocate For; Mr. Deepak Sonak, Advocate, Mr. Bhupender Ghanghas, Advocate, Mr. Abhishek Bansal, Advocate For; Mr. Ravinder Malik (Ravi), Mr. J.S. Maanipur, Advocate, Mr. Nihal S. Chaudhary, Advocate And; Mr. Vikram Sheoran, Advocate, Mr. Ashok Arora, Advocate, for the Respondent

Headnote:(A) Constitution of India - Article 14 - Right to equality - The State's repeated denial of regularization to long-serving Class-IV employees violates their rights. Various policies for regularization were selectively applied, causing inequality. The State's failure to follow its own directions led to ongoing litigation .Just because policies are withdrawn does not nullify long-standing service claims. Employees with 25-38 years of service granted regularization without being consistently employed against sanctioned posts. (Paras 2-4, 6-9, 42-49)

Facts of the case:
The employees were appointed as daily wage employees between 1982 and 1999, served for decades, faced wrongful termination, and sought regularization after reinstatement due to Labour Court awards. They argued for similar treatment as juniors who were regularized while their claims were denied. (Paras 4-8)

Findings of Court:
Employees were entitled to regularization given their extended service and the State's inconsistency in applying regularization policies, as a one-time measure was required. Benefits also extended to those whose services had been wrongfully terminated. Continuity of service granted. (Paras 41-120)

Issues: Whether the State violated Article 14 by selectively applying regularization policies, and if long-serving employees are entitled to regularization despite the withdrawal of policies. (Paras 2-4, 6-9)

Ratio Decidendi: Regularization should be granted to long-serving employees unless strict legal qualifications were unmet; continuing service justifies regularization when policies were applied to juniors. The State’s inconsistent application of policies led to unfair treatment. (Paras 8-9, 12, 42-49)

Result: Appeals by the State dismissed; employees granted regularization with full benefits. (Paras 41-120)

JUDGMENT

G.S. Sandhawalia, J. - Present judgment shall dispose of 30 cases i.e. LPA Nos.688, 540 & 573 of 2021, LPA Nos.740, 739, 751, 802, 479, 918, 916, 818, 302, 541, 532 & 585 of 2020, LPA Nos.8, 9, 18, 45, 55, 152, 818, 560, 567 and 106 of 2021, LPA Nos.171 & 148 of 2022 and LPA No.536 of 2016 and LPA Nos.444 & 508 of 2020.

2. The State's endeavour to deny regularization to Class-IV employees of Category-D, who have served them for almost 4 decades and still continue to serve them, befuddle them thus burdening this Court with repeated rounds of litigation.

3. Firstly, policies of regularization framed by the State itself, on which action is taken selectively leading to a clamour for equality on account of violation of Article 14 of the Constitution of India has led to the present round of litigation, wherein various Single Bench Judges of this Court while noticing the dereliction of the duties at the level of State had directed regularization. The State continues to deny to these lowly placed employees their place of equality with regard to the benefit of regularization and service benefits.

4. The factual matrix in sum and substance would necessarily have to be noticed, accordingly, regarding the various policies the State has issued and repeatedly gone back and introduced them at its own convenience and then raised arguments that when the case for consideration was put up the said policies were not in force and therefore, put the employees/writ petitioners at a disadvantage while granting the benefit of regularization to a certain set of persons who would be juniors. It is in this matrix the background of the litigation in question has arisen, which primarily in the present case pertains to an innocuous order of directions for considering the case of regularization as per policies dated 18.03.1996 and 01.10.2003 (Annexure P-12) on the strength of the fact that the juniors of the writ petitioners had been regularized vide Annexures P-3 to P-9 on 16.10.2006, 09.01.2007 and 19.02.2007. Another reason which weighed with the learned Single Judge was that in view of the directions issued in CWP No.17150 of 2015 titled as Pawan Kumar and others Vs. State of Haryana and others' the Kaithal Forest Division had regularized the services of the petitioners therein vide order dated 06.07.2018 and was in the process of regularization of other employees.

5. It is pertinent to notice that the writ petitioners in LPA-688-2021 herein were appointed between the year 1982 to 1986 and had at one point of time been retrenched, which they had successfully challenged before the Labour Court and they had been ordered to be reinstated vide Award dated 27.03.2006. The writ petitions filed by the State had been disposed off, keeping in view the fact that the workmen had been taken back in service and on a consent to the extent that they are entitled only to the 25% of the back-wages, which would be clear from the order dated 19.02.2008 (Annexure P-1). The factum of date of joining and the number of years of service would be clear from the table reproduced in the writ petition itself, which reads as under:-

Sr. No.

Name of the petitioner

Date of appointment

Date of termination

Decision of the Labour Court

No.of years service

1.

Balwinder Singh

1984

Nov.2002

Vide Award dated 27.3.2006, labour Court ordered the reinstatement with full back wages

31 years

2.

Raj Singh

1986

Nov.2002

-do-

29 years

3.

Kundan Singh

1982

Nov.2002

-do-

33 years

4.

Balyat Singh

1986

7.3.2003

Vide Award dated 4.5.2006, labour Court ordered the reinstatement with full back wages

29 years

5.

Sukhwinder Singh

1986

7.3.2003

-do-

29 years

6. It is not disputed that on the issue of equality as such which the State cannot deny, as in Pawan Kumar's case (supra) it had chosen to implement the order o

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