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High Court of Punjab and HaryanaCWP/31129/2018disposed of

Lal Chand v. State Of Haryana And Others

2018-12-07Mr. Justice A.B. Chaudhari2 pages

CWP No. 31129-2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No. 31129-2018 Date of decision: 07.12.2018 Lal Chand ......Petitioner versus State of Haryana and ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Rohit Sharma, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) Petitioner is seeking direction to the respondents to regularize his services in terms of policy dated 01.10.2003 (P-2). As per the demand notice dated 16.05.1994, the petitioner was appointed as Mali on 05.06.1987. Subsequently his services were terminated on 11.05.1994. The petitioner raised a demand notice and the same was referred to the Labour Court for adjudication. The award was passed on 26.05.1998 in favour of the petitioner and it was held that termination of service of the petitioner is illegal and the petitioner was held entitled to reinstatement with continuity of service and 25 % back wages. The department challenged the labour court award by filing CWP No. 3673-1999. The writ petition was dismissed on 17.07.2017 and since then the petitioner is continuing his service. Till date, his case for regularization has not been considered and he is squarely covered by the above mentioned policies as he had completed three years of service which is the mandatory condition for regularization. Issue notice of motion.

Gaurav Arora 2019.02.06 14:59 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 31129-2018 On asking of the Court, Ms. Palika Monga, DAG Haryana accepts notice on behalf of the State. Learned counsel for the petitioner shall supply copy of the petition to learned State counsel by today itself. In view of the above factual position, this petition is disposed of by giving direction to the respondents to pass appropriate orders keeping in view the judgment passed by this Court in CWP-2009-2016 Balwinder Singh and others V/s. State of Haryana and others, decided on 04.10.2018 within a period of three months from the date of receipt of certified copy of this order failing which Rs.50,000/- will be deposited as costs in the account of petitioner. December 07, 2018 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2019.02.06 14:59 I attest to the accuracy and integrity of this document Chandigarh