The Court disposed of a writ petition seeking non-termination of services pending regularization. It held that the matter is sub judice before the Supreme Court in Civil Appeal Nos. 2129-2130 of 2004, which directed the Union of India to frame a scheme for regularization of BRO casual workers.
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CWP No. 5152 of 2004
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 5152 of 2004 Date of decision: 21.03.2014
Jaspal Singh and others
...Petitioner(s)
Versus
Union of India and others
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA
Present: Mr. Sandeep Bansal, Advocate, Senior Panel Counsel for UOI.
G.S.SANDHAWALIA, J. (Oral)
The prayer in the present writ petition is for directing the respondents not to terminate the services of the petitioners till their case is considered for regularization in view of the directions given in CWP No.
14594 of 1999 Jash Pal Singh and others vs. Union of India and others.
The respondents in their written statement dated 30.11.2004 had taken the plea that the Apex Court was seized of the matter and had passed an order on 02.04.2004 (Annexure R-2). The relevant pleadings read thus:-
“4. That the petitioners have merely relied upon a judgment of Hon'ble Guwahati High Court on the same issue and on the basis of which this Hon'ble Court has been pleased to dispose of two writ petitions. In this respect, it is humbly submitted that the Hon'ble Supreme Court has been pleaded to grant leave and also granted stay. Copy of Hon'ble Supreme Court order dated 02.04.2004 is appended as Annexure R-II for kind perusal of this Hon'ble Court. Hence the present Writ Petition is also liable to be dismissed on
Gupta Shivani 2014.03.26 14:09 I attest to the accuracy and integrity of this document High Court Chandigarh
CWP No. 5152 of 2004
2
this ground also.”
Vide order dated 09.08.2005, the present case was adjourned sine die to await decision of the Apex Court, reference of which had been given in the written statement. The said case has been decided by the Apex Court in Civil Appeal Nos. 2129-2130 of 2004, Union of India and others vs. Vartak Labour Union on 04.03.2011 and the Union of India has been directed to enact an appropriate regulation/scheme for absorption and regularization of the services of the casual workers engaged by the Border Roads Organization. The relevant directions read thus:-
“21. Therefore, in the facts and circumstances of the instant case, where members of the respondent Union have been employed in terms of the Regulations and have been consistently engaged in service for the past thirty to forty years, of course with short breaks, we feel, the Union of India would consider enacting an appropriate regulation/scheme for absorption and regularization of the services of the casual workers engaged by BRO for execution of its on-going projects.
22. In the final analysis, the appeals are allowed, and the impugned judgments and orders are set aside. However, in the circumstances of the case, the parties are left to bear their own costs.”
Accordingly, the present writ petition is also disposed of in view of the fact that the Apex Court has already passed appropriate directions.
21.03.2014 shivani
Gupta Shivani 2014.03.26 14:09 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether the writ petition regarding regularization of casual workers services merits dismissal given the Apex Court's directions in Civil Appeal Nos. 2129-2130 of 2004.
Colour shows how this judgement treated each authority
Jash Pal Singh and others vs. Union of India and othersReferred¶13
CWP No. 14594 of 1999 Jash Pal Singh and others vs. Union of India and others
Union of India and others vs. Vartak Labour UnionRelied on¶21
Civil Appeal Nos. 2129-2130 of 2004, Union of India and others vs. Vartak Labour Union
Jaspal Singh and others
Union of India and others
G.S.Sandhawalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
