IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.W.P. No. 9681 of 1987
Date of Decision: April 1, 2009
Avtar Singh
...Petitioner
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
Present: None for the petitioner.
Ms. Sudeepti Sharma, DAG, Punjab,
for the respondents.
1. Whether Reporters of local papers may be
allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in
the Digest?
M.M. KUMAR, J.
The petitioner has approached this Court for
regularisation of his services. He was working as a Conductor with
the Punjab Roadways, Chandigarh Depot, Chandigarh, having been
appointed in April 1982. The services of the petitioner were
terminated on 31.7.1985. The order of termination was challenged in
the Labour Court. The Labour Court vide award dated 27.10.1986,
published on 3.12.1986, had reinstated the petitioner with continuity
of service with 60% of back wages (P-1). Accordingly he was
reinstated and is still working on his post. He has claimed that his
services be regularised as per the policy of the State, which
CWP No. 9681 of 1987 2
contemplated regularisation of the services of such employees who
have completed one year of service as on 1.4.1985. The petitioner
has claimed that he had completed three years of service.
When the petition came up for consideration on
18.12.1987, the termination of services of the petitioner was stayed
till further orders. The aforesaid order was made absolute till the
decision of the instant petition.
Learned State counsel has stated that since the stay order
granted by this Court in the year 1987 has continued all these years
and the services of the petitioner could not have been terminated then
the order of regularisation was bound to be passed. According to the
learned counsel this would render the petition infructuous.
In view of the above, the writ petition is rendered
infructuous and disposed of as such. However, liberty is granted to
the petitioner to move appropriate application if such a necessity
arises.
(M.M. KUMAR)
April 1, 2009 JUDGE
Pkapoor