Punjab Urban Planning And Development ... vs Karamjit Singh

2. The factual background of the case, is as under: 1

As per the revised Policy, all the Departments under the Government of Punjab were directed to prepare lists of work-charged employees, daily wagers, and other similar categories of employees, who had completed 3 years of service. From such lists, employees would be absorbed / regularized against regular posts existing in each Department, in order of seniority. 2.3. On 26.12.2001, the Appellant – Authority issued an Office Order regularizing the services of 102 daily wagers as per the State Government’s revised Policy dated 23.01.2001.

2.4. The Respondent’s name was included in the Office Order issued by the Appellant – Authority. 2 Consequently, his services came to be regularized w.e.f. 06.11.2001.

2.5. Subsequently, two employees of the Appellant – Authority viz. Baldev Singh and Rikhi Ram, filed Writ Petition No. 15843 of 2002 before the Punjab & Haryana High Court, challenging the Office Order dated 26.12.2001. The Respondent was impleaded as a party in the said Writ Petition. It was alleged that there were irregularities in the regularization of certain employees, including that of the Respondent.

2.6. The High Court vide Order dated 01.10.2002, directed the Appellant – Authority to treat the Writ Petition as a representation on behalf of the writ petitioners, and pass a speaking order within 4 months.

2.7. Pursuant to the direction of the High Court, the Appellant – Authority scrutinized the list of employees who were regularized vide Office Order dated 26.12.2001. The Authority called for a report from the Executive Engineer (C/Project – II), Mohali. The report revealed that the Respondent had not completed the requisite period of 3 years’ service prior to 22.01.2001. 3 2.8. The Appellant – Authority issued a Show Cause Notice dated 24.03.2003 to the Respondent directing him to appear before the Chief Administrator of the Appellant – Authority on 31.03.2003 for a personal hearing. 2.9. On 31.03.2003 the Respondent appeared before the Chief Administrator of the Appellant – Authority for the personal hearing. The Chief Administrator found that the Respondent failed to furnish any evidence whatsoever, documentary or otherwise, or any satisfactory proof of having served the Appellant – Authority for at least 3 years prior to 22.01.2001. The Chief Administrator vide Order dated 22.05.2003, annulled the regularization of the services of the Respondent. It was held that the regularization of the services of the Respondent was not as per the revised Policy issued by the Government of Punjab on 23.01.2001.

Industrial Disputes Act, 1947 are not applicable for terminating the services of such workman.

9. In light of the aforesaid discussion, the present Civil Appeal is allowed, and the Order dated 09.07.2018 passed by the Division Bench of the Punjab & Haryana High Court is set aside.

The appointment of the Respondent on regular basis was invalid since the Respondent did not have the pre-requisite experience of 3 years’ continuous service prior to 22.01.2001. The Respondent had sought to secure regularization on the basis of interpolation in the final list of employees recommended for regularization. Such an appointment would be illegal and void ab initio, and cannot be sustained. The Appellant – Authority rightly terminated the Respondent vide Order dated 22.05.2003. 17 The Respondent is however entitled to withdraw the amount of Rs. 25,000/- towards Costs, deposited by the Appellant – Authority pursuant to the Interim Order dated 22.11.2018 passed by this Court. The Registry is directed to release the said amount in favour of the Respondent. Pending applications, if any, are accordingly disposed of. Ordered accordingly.