Indian Kanoon - Search engine for Indian Law

Punjab-Haryana High Court

Khajjan Singh And Others vs State Of Haryana And Others on 23 May, 2013

Author: Surya Kant

Bench: Surya Kant

LPA No. 1965 of 2012                                        -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH


1.          LPA No. 1965 of 2012 (O&M)


Khajjan Singh and others


                                                     ..... Appellants

                  Versus


State of Haryana and others


                                                     ..... Respondents



2.          LPA No. 643 of 2013 (O&M)

State of Haryana and others


                                                     ..... Appellants

                  Versus



Khajjan Singh and others

                                                     ..... Respondents


                                         Date of decision: 23.05.2013


CORAM: HON'BLE MR. JUSTICE SURYA KANT
       HON'BLE MR. JUSTICE R.P. NAGRATH

PRESENT: Mr. Vijay Guleria, Advocate
         for the appellants (in LPA No. 1965 of 2012) and
         for the respondents (in LPA No. 643 of 2013).

            Mr. R.D. Sharma, DAG, Haryana.
 LPA No. 1965 of 2012                                          -2-

SURYA KANT, J. (ORAL)

This order shall dispose of two appeals bearing LPA Nos. 1965 of 2012 and 643 of 2013, which are cross appeals challenging, the order dated 19.9.2012 passed by the learned Single Judge directing regularization of services of the private respondents with consequential benefits except payment of arrears. The question that arose for consideration was whether the daily wage employees who were reinstated under the orders passed by the Industrial Tribunal-cum-Labour Court after the decision of Hon'ble Supreme Court in Secretary, State of Karnataka and others Vs. Uma Devi and others, 2006 (4) SCC 1, are also entitled to regularization of their services on the premise that when they were out of service, some of their juniors who were retain in service were made regular under the 2003 Policy which was withdrawn by the State Government as per Uma Devi's case (supra).

We find that identical issue arose before Hon'ble the Ist Division Bench in a bunch of appeals including LPA No. 1746 of 2012, (State of Haryana and others Vs. Channi) decided on 28.2.2013 and again in LPA Nos. 192 and 219 of 2013, decided on 2.3.2013. Vide both the decisions, the matter has been remanded to the learned Single Judge to decide the same afresh in the light of the detailed observations made therein.

Consequently, we allow both the appeals, set aside the order dated 19.9.2012, passed by the learned Single Judge and remand the cases for fresh decision keeping in view the Division Bench, judgments dated 28.2.2013 and 2.3.2013, cited above.

The parties shall appear before learned Single Judge, on 22.7.2013.

The parties shall maintain status quo till the matter is decided afresh by the learned Single Judge.

                                                    ( SURYA KANT )
                                                        JUDGE


May 23, 2013                                        ( R.P. NAGRATH )
rishu                                                    JUDGE