of Haryana & Anr Vs. Saroj Bala & Ors  Insc 51 (17 January 2007)
Mathur & A.K. Mathur (Arising out of Special Leave Petition (Civil) No.23428 of
2005) G. P. Mathur, J.
This appeal, by
special leave, has been filed challenging the judgment and order dated July 18, 2005 of High Court of Punjab and Haryana,
by which the writ petition filed by the respondent Saroj Bala was allowed and
it was directed that her services shall be regularized w.e.f. October 1, 2003 with all consequential benefits.
for the appellants has submitted that the issue of regularization of service
has been recently examined by a Constitution Bench of this Court in Secretary,
State of Karnataka & by the High Court is not in
accordance with law laid down in the aforesaid case. Learned counsel has
further submitted that the award of the Labour Court dated June 2, 2003
passed in favour of the respondent was challenged by the appellants by filing
of 2005 and the High Court has stayed operation of the award by the order dated
August 25, 2005.
for the respondent has submitted that the Government of Haryana has issued a
policy dated October 1,
regularization of employees, whereunder the respondent is entitled to be
regularized. Learned counsel for the appellants has not disputed the said fact,
but has submitted that regularization of service can be done only in accordance
with the conditions which are enumerated in the said policy but the respondent
does not satisfy the conditions enumerated in the said policy.
considered the submissions made by learned counsel for the parties, we are of
the opinion that the matter requires a fresh consideration by the High Court in
the light of the decision referred to above and also the policy issued by the
Government of Haryana.
The appeal is
accordingly allowed and the judgment and order under challenge is set aside.
The matter is remitted back to the High Court for a fresh decision of the writ
petition. It is made clear that this Court is not expressing any opinion on the
merits of the claim made by the respondent.