Punjab-Haryana High Court
Atma Ram And Another vs D.H.B.V.N. Ltd. And Others ... on 6 December, 2010
Author: Permod Kohli
Bench: Permod Kohli
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP. No. 21739 of 2010
Date of Decision: 6.12.2010.
Atma Ram and another --Petitioners
Versus
D.H.B.V.N. Ltd. and others --Respondents
CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.
Present:- Mr. P.S. Jammu, Advocate for the petitioners.
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PERMOD KOHLI.J (ORAL) Notice of motion.
Mr. Mohnish Sharma, Advocate present in the Court on behalf of Mr. Narender Hooda, Advocate has been asked to accept notice on behalf of respondents.
Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself.
Both the petitioners were appointed as A.L.M and Shift Attendant on contract basis for a period of six months. They were engaged on the prevailing rates as fixed by the concerned Deputy Commissioner. The petitioners apprehend their termination on the expiry of the contract period.
It is settled law that the temporary employees cannot be replaced by similar temporary arrangement. The petitioners, who are working on contract basis cannot be removed by a similar temporary arrangement except on account of unsatisfactory service or misconduct on their part or if, their services are not needed. CWP. No. 21739 of 2010 -2-
In view of the above circumstances, this petition is disposed of with a direction to the respondents not to replace the petitioners by a similar temporary arrangement except for unsatisfactory service or if, their services are not needed. However, respondents are at liberty to fill up the posts on regular basis. In that eventuality the petitioners will make way for the regular appointees.
(PERMOD KOHLI) JUDGE 6.12.2010.
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