CWP No.23158 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.23158 of 2010 (O&M) Date of Decision: 23.12.2010 **** Kuldeep Singh . . . . Petitioner VS. State of Punjab & Anr. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Amarjit Singh, Advocate for the petitioner ***** SURYA KANT J. (ORAL) (1). Notice of motion. Mr. HS Brar, learned Addl. AG Punjab accepts notice on behalf of the respondents. In view of the nature of relief sought in this writ petition, there is no necessity to call upon the respondents to file their reply/affidavit, at this stage. (2). The petitioner is working as a Mali in the Forest Department at Amritsar. He was initially employed on daily-wages in January 1993. However, his services were terminated on 01.07.1996 which led to an industrial dispute raised by him. The Labour Court, Amritsar vide its Award dated 09.01.2002 ordered the petitioner’s re-instatement in service with full backwages and continuity of service. Pursuant thereto, CWP No.23158 of 2010.doc - 2 – the petitioner joined his services again on 17.05.2002. The respondents meanwhile moved an application to set aside the ex parte Award dated 09.01.2002 application was declined. (3). The petitioner now seeks a mandamus to direct the respondents to regularize his services in view of various policy decisions taken by the State Government, by treating him as a Daily-wager, w.e.f. January 1993 onwards. It is urged that the petitioner fulfills all the eligibility conditions as prescribed in the Government policies including dated 23.01.2001 (Annexure P11). (4). Having heard learned counsel for the parties and considering the fact that the Award passed by the Labour Court has already attained finality vide which the petitioner was held entitled to be treated as a daily-wager from the date of his initial appointment, it appears that his claim for regularization of services requires consideration in terms of the Government policies including dated 23.01.2001 (Annexure P11) referred to above. However, without expressing any final view on the petitioner’s entitlement for such regularization, I deem it appropriate to dispose of this writ petition with a direction to the respondents to consider the above-stated claim of the petitioner and CWP No.23158 of 2010.doc - 3 – pass an appropriate speaking order within a period of three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. Dasti. 23.12.2010 vishal shonkar (SURYA KANT) JUDGE