Case: PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY Vs. KARAMJIT SINGH

regularization of the services of the Respondent. 3.3. It was further submitted that the Appellant – Authority conducted a disciplinary enquiry against the officials who had recommended the name of the Respondent for regularization. The Enquiry Report dated 25.01.2005 found four officials to have supplied wrong information with respect to the regularization of the Respondent, and some other daily wagers who had less than 3 years service. Since the appointment of the Respondent on regular basis was void on account of having been fraudulently obtained by collusion, the Respondent was not entitled to the protection under the provisions of the Industrial Disputes Act, 1947. 4. Mr. Mukesh Kumar Sharma, learned Counsel appearing on behalf of the Respondent, submitted that: 4.1. There was no infirmity in the Orders passed by the Single Judge and Division Bench of the High Court. 4.2. It was submitted that the present case was covered by the decision in Managing Director, ECIL, Hyderabad & Ors. v. B. Karunakar & Ors., (1993) 4 SCC 727 rendered by a Constitution Bench of this Court. 5. We have carefully perused the pleadings and the written submissions made by the parties, and also considered the submissions made at the oral hearing. 5.1. In the present case, the Respondent had sought to secure regularization of his services, even though he did not fulfill the pre-requisite of a minimum of 3 years of continuous service prior to 22.01.2001 as per the revised Policy of the Government of Punjab for regularization of work-charged, daily wage, and other similar categories of employees. . The Respondent had failed to produce any evidence whatsoever to support his claim for regularization. 5.2. The Respondent had sought to have his name included in the final list recommended for regularization by colluding with certain officials of the Appellant – Authority, who had interpolated his name in the final list forwarded to the Authority. 5.3. The Appellant – Authority has filed a copy of the original list dated 12.09.2000 prepared by the Divisional Engineer, Mohali. The said list included the names of 21 employees whose names were initially recommended for regularization. A perusal of the list dated 12.09.2000 reveals that the Respondents name was initially not recommended for regularization. However, in the final list forwarded to the Appellant – Authority, the Respondents name was interpolated. 5.4. An enquiry was duly conducted to determine whether wrong information had been supplied by the concerned officials of the Authority, so that the Respondent could get the benefit of regularization. The enquiry conducted by the Appellant – Authority revealed that the officials were guilty of supplying wrong information to the authorities regarding the period of service rendered by some daily wagers, including the Respondent. The officials had failed to verify the information provided, before forwarding it to the Authority. As a consequence, punitive orders were passed against each of the officials. In these circumstances, the Respondent was disentitled from getting the benefit of a regular appointment with the Appellant – Authority, in the absence of fulfilling the pre-requisite requirement. 5.5. It is well settled that an order of regularization obtained by misrepresenting facts, or by playing a fraud upon the competent authority, cannot be sustained in the eyes of law. Devendra Kumar v. State of Uttaranchal & Ors. (2013) 9 SCC 363 In Rajasthan Tourism Development Corporation & Anr. v. Intejam Ali Zafri, (2006) 6 SCC 275. it was held that if the initial appointment itself is void, then the provisions of the Industrial Disputes Act, 1947 are not applicable for terminating the services of such workman. In a similar case, this Court in Bank of India v. Avinash D. Mandivikar, (2005) 7 SCC 690 held that since the respondent had obtained his appointment by playing fraud, he could not be allowed to get the benefits thereof. 6. In the present case, the Single Judge had held that rightly or wrongly, the Respondent had obtained regularization, and was therefore entitled to a disciplinary enquiry. The Division Bench affirmed the Judgment of the Single Judge. 6.1. The High Court however failed to appreciate that the decision in Managing Director, ECIL, Hyderabad (supra) is applicable to employees of Government Departments. Since the very appointment of the Respondent on regular basis was illegal, he could not be treated as an employee of the Appellant – Authority. In Rupa Rani Rakshit & Ors. v. Jharkhand Gramin Bank & Ors., (2010) 1 SCC 345 this Court held that service rendered in pursuance of an illegal appointment or promotion. cannot be equated to service rendered in pursuance of a valid and lawful appointment or promotion. 6.2. The illegality of such an appointment goes to the root of the Respondents absorption as a regular employee. The Respondent could not be considered to be an employee, and would not be entitled to any benefits under the Regulations applicable to employees of the Appellant – Authority. Therefore, the High Court erroneously placed reliance on the decision in Managing Director, ECIL, Hyderabad (supra), which would not be applicable to the facts of the present case. 7. The question of holding disciplinary proceedings as envisaged under Article 311 of the Constitution, or under any other disciplinary rules did not arise in the present case since the Respondent was admittedly not an employee of the Appellant – Authority, and did not hold a civil post under the State Government. The State of Bihar & Ors. v. Kirti Narayan Prasad, 2018 (15) SCALE 352 ; Superintendent of Post Offices & Ors. v. R. Valasina Babu, (2007) 2 SCC 335. He was merely a daily wager on the muster rolls of the Appellant – Authority. 8. It is abundantly clear from the facts of the case, and the material on record that the regularization of the services of the Respondent was illegal and invalid. The Respondent was provided a full opportunity to adduce evidence to establish that he had 3 years continuous service prior to 22.01.2001. However, he failed to furnish any proof whatsoever to substantiate his claim.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]5.1. In the present case, the Respondent had sought to secure regularization of his services, even though he did not fulfill the pre-requisite of a minimum of 3 years of continuous service prior to 22.01.2001 as per the revised Policy of the Government of Punjab for regularization of work-charged, daily wage, and other similar categories of employees. . The Respondent had failed to produce any evidence whatsoever to support his claim for regularization5.2. The Respondent had sought to have his name included in the final list recommended for regularization by colluding with certain officials of the Appellant – Authority, who had interpolated his name in the final list forwarded to the Authority5.3. The Appellant – Authority has filed a copy of the original list dated 12.09.2000 prepared by the Divisional Engineer, Mohali. The said list included the names of 21 employees whose names were initially recommended for regularization. A perusal of the list dated 12.09.2000 reveals that the Respondents name was initially not recommended for regularization. However, in the final list forwarded to the Appellant – Authority, the Respondents name was interpolated5.4. An enquiry was duly conducted to determine whether wrong information had been supplied by the concerned officials of the Authority, so that the Respondent could get the benefit of regularization. The enquiry conducted by the Appellant – Authority revealed that the officials were guilty of supplying wrong information to the authorities regarding the period of service rendered by some daily wagers, including the Respondent. The officials had failed to verify the information provided, before forwarding it to the Authority. As a consequence, punitive orders were passed against each of the officialsIn these circumstances, the Respondent was disentitled from getting the benefit of a regular appointment with the Appellant – Authority, in the absence of fulfilling the pre-requisite requirement5.5. It is well settled that an order of regularization obtained by misrepresenting facts, or by playing a fraud upon the competent authority, cannot be sustained in the eyes of law. Devendra Kumar v. State of Uttaranchal & Ors. (2013) 9 SCC 363     In Rajasthan Tourism Development Corporation & Anr. v. Intejam Ali Zafri, (2006) 6 SCC 275.   it was held that if the initial appointment itself is void, then the provisions of theIndustrial Disputes Act, 1947 are not applicable for terminating the services of such workman. In a similar case, this Court in Bank of India v. Avinash D. Mandivikar, (2005) 7 SCC 690     held that since the respondent had obtained his appointment by playing fraud, he could not be allowed to get the benefits thereof6. In the present case, the Single Judge had held that rightly or wrongly, the Respondent had obtained regularization, and was therefore entitled to a disciplinary enquiry. The Division Bench affirmed the Judgment of the Single Judge6.1. The High Court however failed to appreciate that the decision in Managing Director, ECIL, Hyderabad (supra) is applicable to employees of Government Departments. Since the very appointment of the Respondent on regular basis was illegal, he could not be treated as an employee of the Appellant – AuthorityIn Rupa Rani Rakshit & Ors. v. Jharkhand Gramin Bank & Ors., (2010) 1 SCC 345     this Court held that service rendered in pursuance of an illegal appointment or promotion. cannot be equated to service rendered in pursuance of a valid and lawful appointment or promotion6.2. The illegality of such an appointment goes to the root of the Respondents absorption as a regular employee. The Respondent could not be considered to be an employee, and would not be entitled to any benefits under the Regulations applicable to employees of the Appellant – AuthorityTherefore, the High Court erroneously placed reliance on the decision in Managing Director, ECIL, Hyderabad (supra), which would not be applicable to the facts of the present case7. The question of holding disciplinary proceedings as envisaged under Article 311 of the Constitution, or under any other disciplinary rules did not arise in the present case since the Respondent was admittedly not an employee of the Appellant – Authority, and did not hold a civil post under the State Government. The State of Bihar & Ors. v. Kirti Narayan Prasad, 2018 (15) SCALE 352  ; Superintendent of Post Offices & Ors. v. R. Valasina Babu, (2007) 2 SCC 335.   He was merely a daily wager on the muster rolls of the Appellant – Authority.8. It is abundantly clear from the facts of the case, and the material on record that the regularization of the services of the Respondent was illegal and invalid. The Respondent was provided a full opportunity to adduce evidence to establish that he had 3 years continuous service prior to 22.01.2001. However, he failed to furnish any proof whatsoever to substantiate his claim.