An appellate judgment dismissing a second appeal in a service dispute. The court held the appellant failed to prove any regularisation policy existed for his contractual part-time sweeper role, as no sanctioned post in the statutory cadre was alleged. Appeal dismissed.
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RSA 4113/2014
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104
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of decision:04.02.2015.
Sushil Kumar
.............Appellant
v.
The Registrar,Cooperative Societies,Haryana and others
.............Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mrs.Anupam Bhanot,Advocate for the appellant.
Jaswant Singh,J.(Oral)
Plaintiff is in second appeal against concurrent findings returned by both the Courts below whereby his suit for regularisation of his service as part time Sweeper with HARCO Bank was dismissed vide judgment and decree dated 19.7.2011 passed by Civil Judge (Senior Division)Chandigarh and the findings affirmed vide judgment and decree dated 17.4.2014 passed by Additional District Judge, Chandigarh while dismissing the appeal of the plaintiff.
Having heard learned counsel for the appellant, it is apparent that the plaintiff has miserably failed to show that there was any regularisation policy adopted by the employer-HARCO Bank, a registered Society regarding regularisation of part time employees. It is not in dispute that the plaintiff as per his own assertions used to work only for 3 hours during whole day on contractual basis. It has also come on record that at no point of time he was ever working against
RAJINDER PRASHAD JOSHI 2015.02.04 15:36 I attest to the accuracy and authenticity of this document High Court, Chandigarh.
RSA 4113/2014
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any sanctioned post of Sweeper which is covered under the statutory Staff Service(Common Cadre)Rules,1988.
Since no question of law much less substantial question of
law is involved in this appeal, the same is hereby dismissed.
04.02.2015 joshi
(Jaswant Singh) Judge
RAJINDER PRASHAD JOSHI 2015.02.04 15:36 I attest to the accuracy and authenticity of this document High Court, Chandigarh.
2 issues framed by the court
Whether there was a regularisation policy for part-time employees by HARCO Bank.
Whether the appellant was working against a sanctioned post under the Staff Service Rules.
1 provisions across 1 enactments
Sushil Kumar
The Registrar, Cooperative Societies, Haryana
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
