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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VINOD S.BHARDWAJ
Shyam Lal, (Deceased) Through His Lrs – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
VINOD S. BHARDWAJ, J.
The present writ petition which was initially filed by Shyam Lal (since deceased) is now being pursued through his LRs Smt. Madhu Bala and Kanish Aggarwal, for seeking regularization of services under the policy of 07.03.1996 and 18.03.1996 (Annexures P-3 and P-4 respectively) and other consequential benefits since the benefit of regularization had already been granted to similarly situated persons who were junior to him.
2. Learned Counsel appearing on behalf of the petitioner contends that Shyam Lal (since deceased) was initially appointed as daily wager- Beldar in September, 1981 in the office of XEN, Provincial Division No-II, PWD (B&R), Hisar and he worked there upto June, 1992. He was thereafter transferred to the office of Executive Engineer, Provincial Division No. II, PWD (B&R), Sirsa in July, 1992 and he worked there upto October, 1994. The services of Shyam Lal were however illegally terminated by the respondents in November, 1994 against which an industrial dispute was raised. Reference No.2 of 1999 was eventually decided by the Industrial Tribunal-cum-Labour Court, Hisar vide Award dated 14.05.2002 and the following relief was granted.
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An employee's long and continuous service reinforces entitlement to regularization, regardless of initial temporary status, especially when compared to similarly situated colleagues.
The right to regularization and associated benefits survives posthumously, enabling legal heirs to pursue claims based on wrongful termination and continuity of service.
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....
The court ruled that past services of an employee cannot be disregarded for regularization if they meet the criteria set by government circulars and Supreme Court directives.
The main legal point established is that the petitioner's services should have been regularized from 1.1.1999 as per the regularization policy, and the plea of delay and laches was rejected due to th....
Long-term service in sanctioned positions can warrant regularization despite age limitations in recruitment, emphasizing continuity and eligibility for qualified employees.
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