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State Of U.P. & Another v. Presiding Officer,& Another - WRIT - C No. 15996 of 1996 [2007] RD-AH 13075 (27 July 2007)


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 (Court No. 23)

Civil Misc. Writ Petition No. 15996 of 1996

State of U.P. And another Versus Presiding Officer Labour Court I Ghaziabad and another.

Hon'ble S.U.Khan J

List revised. No one appears for the respondent No.2 Sichai Mazdoor Sangh espousing the cause of Daulat Singh the workman. Heard learned standing counsel for the petitioner State.

This writ petition is directed against award dated 28.2.1994 given by the presiding officer Labour Court I U.P. Ghaziabad in Adjudication case No. 361 of 1993. The said award was given ex-parte in favour of the workman. Thereafter, restoration application was filed which was dismissed on 25.1.1995. Second restoration application was also dismissed on 17.7..1995. Latter orders have also been challenged through this writ petition.

Through the impugned award petitioner employer has been directed to regularise the service of its employee Daulat Singh from the date of the award i.e. 28.2.1994 and it has further been directed that he shall be paid same salary, allowances and other benefits which are being paid to regular employees. The matter which was referred to the labour court was as to whether the employer should regularise its employee Daulat Singh on his post. Daulat Singh asserted that he was working as electrician for a long time.

In para 14 of the writ petition, it has been stated that after the award Daulat Singh was regularised on the post of mate. In para 12 of the counter affidavit, it has been admitted that through order dated 15.2.1995 Daulat Singh and 15 other employees have been regularised on the post of mate. However, it has been stated that Daulat Singh should have been regularised on the post of electrician which carries higher pay scale.

The Hon'ble Supreme Court in Secretary, State of Karnataka Vs. Uma Devi AIR 2006 SC 1806 has held that no employee has got right of regularisation merely on the basis of long service.

Accordingly, impugned award dated 28.2.1994 is set-aside.

However, this judgement shall not affect the order dated 15.2.95 through which services of  Daulat Singh has been regularised.

Writ petition is accordingly disposed of.




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