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Jagbir vs Ndmc on 13 May, 2026

42. Ld. AR for the workman has also relied upon the judgment in U.P. State Electricity Board and Anr Vs The Presiding Officer, Labour Court and ors.2003 SCC Online All 1969, in which the Hon'ble High Court of Allahabad held that delay is not fatal to the case of regularization, as only a declaration regarding the date of regularisation and the benefits accruing therefrom was sought. The said judgment relied upon by the workman is clearly distinguishable on facts, as in that case the employee was entitled to claim regularisation in terms of the Board Order dated 12.10.1971 upon completion of three years of continuous service in the post of Operator Grade-I. The limited controversy before the Hon'ble Allahabad High Court was regarding the ascertainment of the correct date on which the workman completed three years of continuous service and consequently became entitled to regularisation under the existing Board policy. The workman in that case claimed that he ought to have been absorbed in the post of Operator Grade-I w.e.f. 01.04.1970 instead of 01.03.1973. Thus, it was essentially a dispute over the date from which regularisation was to take effect, in accordance with an admitted policy POIT- 495/2019 Page No. 19/24 applicable to the employee. Hence, the aforesaid judgment does not assist the workman in the facts of the present case.
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