High Court of Himachal Pradesh declined to examine merits of contract employee regularization plea, granting liberty to file comprehensive representation with supporting documents within two weeks for internal consideration.
Liberty granted to file comprehensive representation with documents; Respondent No.2 directed to decide within four weeks.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.2975 of 2019 Decided on: 1st April, 2023
_________________________________________________________________ Jiwa Nand ....Petitioner Versus State of H.P. & Ors. …Respondents ________________________________________________________________ Coram_
Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge
1 Whether approved for reporting?
_________________________________________________________________ For the petitioner: Mr. Hemant K. Thakur, Advocate. For the respondents: Mr. Y. P. S. Dhaulta & Mr. navlesh Verma, Additional Advocates General with Ms. Seema Sharma and Mr. Sumit Sharma, Additional Advocates General, for respondent No.1. Mr. Imran Khan, Advocate, for respondents No. 2 and 3.
Jyotsna Rewal Dua, Judge
With the consent of the learned counsel for the
parties, the matter is taken up for disposal.
2. Original Application No. 2600 of 2019 was moved by the petitioner before the erstwhile H.P. Administrative Tribunal, seeking a direction to the respondents to regularize
1 Whether reporters of Local Papers may be allowed to see the judgment?
his services as per the policy of the State Government for regularization of contract employees from the due date alongwith consequential benefits. The Original Application was disposed of on 02.07.20219, giving liberty to the petitioner to make a detailed representation, supported by documents to the respondents/competent authority with a further direction to the competent authority to decide the same in accordance with law. Petitioner’s representation was accordingly decided by the respondents vide order dated 04.09.2019, rejecting his case for regularization. This order has been impugned by the petitioner in the present writ petition.
3. The premise for rejecting the petitioner’s representation in the impugned order is that alongwith the representation, no documents were annexed by the petitioner. According to the respondents, the petitioner was engaged as a worker on contract basis in the Department for cleaning of milk cans, machinery, plant etc. at MCC Karsog w.e.f. 10.10.2009 to 09.11.2010. He did not work as a contract employee under the contract policy whereunder the contract is renewed every year. The case of the petitioner is
that he had been engaged as a worker in the respondents’ federation from 10.10.2009 onwards. However, no supporting documents to substantiate his direct engagement by the respondents were made part of the representation.
4. In the aforesaid circumstances, learned counsel for the petitioner submitted that the petitioner be given one more opportunity to file a comprehensive representation alongwith supporting documents in support of petitioner’s claim for regularization from the due date. Learned stranding counsel for respondents No. 2 and 3 has no objection to this proposal.
5. In light of aforesaid submissions and without examining the merits of the matter, this writ petition is disposed of, reserving liberty to the petitioner to submit a comprehensive representation to respondent No.2-Managing Director, H.P. Milkfed, Shimla-11, alongwith supporting documents, within a period of two weeks from today for redressal of his grievances raised in the instant petition. On receipt of such representation, the same shall be decided by respondent No.2 within a period of four weeks thereafter, in accordance with law. The decision so taken, shall also be
communicated to the petitioner.
The pending miscellaneous application(s), if any, also stand disposed of.
Jyotsna Rewal Dua Judge
April 1, 2023 R.Atal
1 issue framed by the court
Whether petitioner deserves opportunity to file comprehensive representation for regularization of services.
Jiwa Nand
State of H.P.
H.P. Milkfed
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
