I N THE HI GH COURT OF PUNJAB c HARYANA AT v. Lt d

RespondentlS a Govt cont rolled corporat ionand t hus definit elyfalls wit hin t he purviewof St at e under Art icle 12 of t he 1 Const it ut ion and is am enablet o t hewrit j urisdict ionof t his Court Anit a 2014.05.15 12: 30 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 425 CWP No 7358 of2010 2 Pet it ionersin t hese writ pet it ionswere as Job Trainee Wait ersCount er I nchargeTrainee Kit chen HelpersKit chen Trainee et c All t he possess of m at ric and aboveplusDiplom a variousbranchesof Hot el Theywere bet weent he years1991 t o 1993 as in various branches in t he corporat ionas m ent ionedherein above Their engagem entwas t hrough writ t en let t ers cont ainingident icalcondit ions The t erm s of t heirengagem entint er alia include a t rainingperiodof2 years from t he dat e of j oining ext endable for anot her 6 m ont hs in t he event of failure t o t he t raining periodof t rainingand rightof t he paym entof t o flxed st ipendduringt he t raining1S Anot her relevant cont ained in t he let t er readsas under 3 On of t rainingit will not be t hepart of t he m anagem entt o ofr you any nor it will be you t o acceptany howeverbe in t he Corporat ionYou will on sam e subj ectt o t he ofposton t he ofyoursuccessfult rainingI p I t is com m on case of t he part iest hat even t hought he init ial was for a periodof 2 yearson t rainingbasisand ext endablet o 6 m ont hshowever t he pet it ionerscont inued even beyondt he St iPUlat d 0 0 0 I 40 I Z 0 I Z e Z periodand have worked bet ween 7 t o 8 years when t heir services were dispensedwit h in t he year 1998 Som eoft he pet it ionerson t heir and t heywere t aken back t o service for a short whileand againrelievedfrom t he dut ies Som eoft he pet it ionersalongwit h ot her sit uat ed persons filed CWP No 2921 of 1998 t it led as Anit a 2014.05.15 12: 30 True Scanned Copy Of The Original PHHC,Chandigarh Singhand ot hersVs St at eofHaryanaand ot hers Sim ilarwrit JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 1 426 CWP No 7358 of2010 3 P were filed byvarious ot her sim ilarlysit uat ed This writ pet it ionwas allowed vide dat ed 1 6999 and following direct ions were issued r4 6 I n t he result t he writ pet it ionis allowedand a direct ion issued t o t he corporat iont o absorb pet it ioners1 t o 51 againstt he advert isedpost sif t heyare eligiblefor t he sam e This direct ion will not applyin t he case of pet it ionerno21 who has since wit hdrawn from t he The corporat ionwill be at libert yt o flll up t he rem ainingvacant t he open m arketas advert ised Nocost s 1P The an LPA beingLP No 866 of 1999 beforet he Division Bench of t his Court The Honble Division Bench m odit led t he wit h t he consent of t he part iesThe m odified direct ionsare as underl 46 Wit houtprej udicet o t he st and of t he respondent son fact s dat ed in t he appealbyconsent ofparliest he 16 1999 is m odij iedt o t he ext ent t hatt he writ pet it ionwould st andallowed and a direct ion issued t o t he t o consider t he absorpt ion Nol t he sam e t o 51 againstt he advert isedpost s if t heyare eligiblefor I n t heabovet erm s t heappealis disposedof 301999 Sdl Arun Be Saharya Chief Just icee53 One Virender Singhwho was also workingas a Job Trainee Wait erfiled CWP No 8117 of 2001 The m at t er was consideredby t he HonbleFull Bench of t his Court and t he writ pet it ionwas allowed wit h a direct ion t o t he t o t ake back t hepet it ionerin service on t hepost t hat 1 was holdingat t he t im e when he was relieved on t he 1 0 O I 40 I C I C1 Z 0 Z C sam eem olum ent st hat hewas get t ingA furt her direct ion was issued for Anit a 2014.05.15 12: 30 True Scanned Copy Of The Original PHHC,Chandigarh ofback wages from t he dat ehe was relieved Pursuantt o t he JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 427 CWP No 7358 of2010 e4 A6 aforesaid backwages Virender Singhwas t akenback in servicewit h full nam elyHans Raj Yadav Oled CWP No 1964of 2001 which also cam e t o be decidedin t he sam e m anner dat ed 2672006 I t is adm it t edcase of t he part iest hat aft ert he relieved from service t he had issuedadvert isem ent for direct various post s advert ised Under t hese various writ pet it ionscam e t o be ft led I t by t he t hat aft er t he aforem ent ioned about 100 wait ers were absorbedbyt he corporat ionwho were j uniort o t he and were in t he year 2000 Since t he pet it ionerswere not consideredfor anot herCWP Nof0993 of 2002was filed in t his Court Thispet it ionwas also decidedvide dat ed2032007 t it led as Dharam virand ot hers Vs St at e of Haryanaand ot hers bya learnedSingleJudgeof t his Court I n t his writ pet it iont he had also t he crit eria adopt edby t he considerat ion forabsorpt ionof t he pet it ionersand ot her sim ilarlYSit Uat ed Learned SingleJudgeoft his Court foundt hat one oft he clause t he crit eria was t o t he det rim ent of t he Accordingly followingdirect ionswere issuedl 66 ofwit ht he direct ions t o t he in view t he discussion held above t he writ pet Uimis t o rem ove clause5j om t he crit erialaid down byt hem and t o m ake ofselect edWait er Traineesfromt he m erit list preparedby t hem aft erholdingint ervt ew on t o t he seniorit yagainstt he availablevacant post sand 5121999 t he m erit list int act fora periodof one yearfromt odayand t o give t o t hem appoint m ent zsand when t he vacanciesarise t r 0 0 I t 5 I Z C I Z 00 wm a Z Qm 4aee March 20 2007 SdlmSeN Aggarwal Judgee 25 Anit a 2014.05.15 12: 30 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 428 67 CWP No 7358 of2010 r 91 Aft er t he passingof t his 5 t he considered som e of t he pet it ionersand vide order dat ed 1322007 t en persons were absorbedagainstt he post sof wait ers The grievanceof t he pet it ioners1S t hat t heir claim s were st ill not considered Pet it ioners cont inuedt o m ake Som e of t he pet it ionerseven filed cont em ptpet it ionbeing COCP Nol244 0f1999 and som e oft he filed CWP No365 1998 I n COCP Nol244 of 1999followingorder was passed Ci I n view oft heabove t hepresentpet it ionis disposedofwit ha direct iont o t he t o consider t he no13 15 and ot her sim ilarlysit uat ed pet it ionersfor in t he lightof at t ached as Annexure Pe2 t o P6 wit h CM No8197aCI I of 200 February022009 Sdl TePeS Mann Judge55 As a consequenceof t he aforesaid direct ions t he considered t he claim of t he pet it ionersand have now passedt he im pugned order dat ed 382009 t he I n t he aforesaidorder t he corporat ionhas considered relied upon by t he pet it ionersThe claim of t he pet it ionersfor absorpt ionhas been rej ect edprim arilyon t wo groundsl9 That in view of t he Const it ut ion Bench of t he Honble Suprem e m Cl 0 0 I C5 I Z r I Z 4 0 3 Z Court in case of Secret arySt at eof Karnat aka Vs Um a Devi 6200694 SCC lt he of t he services of t he pet it ionerswho were not select edby any valid procedureis in law 629That eL in Vlew oft he Honble Division Bench oft his Coun dat ed 2102008 passedin CWP N011076 of 2007 t it led as Dilawar SinghVs PresidingOfficer I ndust rial TribunallnLabour Court t he pet it ioners who were engagedas Trainees are not workm en and t hus t hey are not Anit a 2014.05.15 12: 30 True Scanned Copy Of The Original PHHC,Chandigarh ent it led t o t he relief of JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 429 1 1 CWP No 7358 of2010 m I n t hewrit t en st at em ent filed byt he a sim ilar plea 1Sraised On fact s it is st at edt hat t he of t he pet it ionersas Job Traineeswas not againstt heregularsanct ionedpost s I t is 8irt herst at ed t hat it was in January1999 t hat t he St at e Govt creat ionof 140 post sofwait ers 83 post sofKit chen Helpersand13 post sof Count er vide sanct ionlet t er dat ed 2711999 These post swere m eant for direct recruit m entfor which an advert isem entwas t he 111 newspaperon 273999 for fillingup t he post sofwait ers I t is 8lrt her st at ed t hat in response t o t he advert isem ent a num ber of candidat es som e Trainees appliedfor t he post s however in t he m eant im et he dat ed 1 6999 was delivered in CWP No 18474 of 1996 direct ion was issued t o consider t o 51 eXCePt no21 againstt he advert isedpost s However t he order was m odifiedin PA No 866 of 1999 and inst eadofdirect iont o absorbit WaS direct ed t o consider t hem for absorpt ion The have also m ent ionedt hat in order t o com plyt he a suit abilit ycrlt eria was laid down forvarious post s The crit eriahasbeendisclosedin t he replYeI t 1S st at edt hat som e of t he pet it ionersdid not fulfill t he requisit e essent ial whereast he ot hersdid not get t he requisit em arks as t herefore t hey were declaredunsuccessful Som e of t he candidat esfiled CWP No6993 of2002 challengingt he crit eria 1 C 0 0 I C5 I Z I t 3 Z CO 7 Z m 1 andt his writ pet it ionwas allowed wit h cert ain direct ions and t he order was in LPA No203 of2007 Som e review flled were also dism issed Mr Shannalearnedcounsel for t he pet it ionerssubm it st hat t he Anit a 2014.05.15 12: 30 True Scanned Copy Of The Original PHHC,Chandigarh in Um a Devis case is not applicablein t he presentcase as t he JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 430 0 0 I C5 I Z I r Z CO W2 Z t l 4 CWP No 7358 of2010 7 1 I A were engagedm uch earlier in t im e and even direct ionshave been issued in various writ pet it ionsfor absorpt ionof t he I t is cont ended t hat personswit h sim ilar havebeen absorbed I n para 8 of t he replyfiled byt he t he st at ed t hat t he do not havesim ilar as in Virender Singhscase Adm it t edlyt he pet it ionersare out ofj ob since 1998 These wnt pet it ionshave been filed in t he year 2010 challengingt he order dat ed 82009 There is no disput et hat pet it ionerswere Traineeson flxed st ipendwit h a furt her st ipulat iont hat t heywill have no in disput et hat t he init ial engagem entof claim for regularj ob I t is also not t he pet it ionersas Trainees was wit houtany advert isem entor adopt ingany procedurefor t o t he publicservice As a m at t er of fact t he pet it ionersent rywas backdoor have been issued by t his Court I t is equallyprovedt hat various direct ions includinga Full Bench t o consider t he pet it ionersfor Som e of t he writ pet it ionershave been absorbed The pet it ionerswere not part iest o t he Full Bench t hought hey claim t o be sim ilarlysit uat ed Right of considerat ion t o t he pet it ionersis grant edvide order passedin t he cont em pt pet it ionbeingCOCP No 1244 of 1999 Pet it ioners claim has been rej ect ed vide t he im pugnedorder One of t he im port antquest ionis whet her t he pet it ionershave anyrightof in t he service of t he I t is indisput edt hat t hee is a St at eand t hus all t he post s wit h t he are partoft he public t hat t oo aft er t heir serviceswere I t is not JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document Anit a 2014.05.15 12: 30 True Scanned Copy Of The Original PHHC,Chandigarh in fact an absorpt ionbut a 1 431 r 1 1 CWP No 7358of2010 8m wit h longback There I S I lO specific whereundert he have been direct ed t o be absorbed vanous direct ionst he claim oft hepet it ionerscan onlybe consideredin t he lightof t he direct ions issued by Honble Suprem eCourt in Const it ut ionBench in case of St at eof Karnat kaVs Um a Devi 200694 SCC l supralI t is relevant t o not e t hat som e of t he observat ions t he Honble Suprem eCourt relat ing t o t he are as underl 66 53 Oneaspectneeds t o be claried There m ay be cases S14 and BlV Nagaraj anand referredt o in para 15 above of dulyqualij ledpersons in dulysanct ionedvacant post s illegal RN have cont inuedt o work for t en m ighthave been m ade and t he yearsor m ore but wit hout t he int ervent ion of order of t he court s or of t ribunalsThe quest ionof m ayhave t o be consideredon m erit sin t he lightof t heprinciplesset t ledby t o and in t he lightof t hisj udgm ent t his Court in t he cases above I n t hat cont ext t he Union of I ndia t he St at e Governm ent s and t heir of t hesenlices of such shouldt akest epst o as a oneet im em easure t he servlces ofsuch m orein duly of t ribunals and should furt herensure who have workedfor t en years or but not under cover ofordersoft hecourt s or t hat regularrecruit m ent s are t hat requiret o bej illedup t oj ll t hose vacant cases where t em porary or daily wagers are beingnow em ployedThe process m ust be set in m ot ion wit hin six m ont hsfrom t his dat e We also clarift hat j udiceneed not be reopenedbased on furt herbypassingof t he const it ut ional if any alreadym ade but not sub but t here shouldbe no and regularisingor 1 Q 0 0 I C5 I Z t Z CO em 3 Z e perm anentt hose not duly as per t he const it ut ional schem e P5 Anit a 2014.05.15 12: 30 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document 432 1 V CWP No 7358 of2010 ee9 The claim of t he pet it ionerscould best be consideredin t he 1 1 0 0 I C5 I Z r I r Z 0 17 Z light of t he aforesaid The have accorded considerat ion and rej ect edt heir claim The pet it ionershave not been able t o est ablisht hat t heir init ial engagem entwas irregularand not illegal As a m at t er of fact t heywere only Trainees Oll st ipendbasis and t heir was againstno post Post s were creat edonlyin t he year 1999 These post swere put t o advert isem entOf courseunder t he direct ions oft he Honble Division Bench of t his Court som e of t he vacancieswere ut ilized som e t he candidat es but t hat does not help t he pet it ionerst o seek even whent heir claim s were on t heir considerat ion Even if t here lS any specificdirect ion for t heir considerat ion t he sam ealso cannot be enforcedt n view of t he following observat ionsof t he Honble Suprem eCourt ln case of Um a Devi 6supra wherein in para 54 it hasbeen held as under 44 54 I t is also clarifiedt hat t hose decisions which run count er t o t he principleset t led in t his decision Or count er t o what we have held herein will st and denudedof t heir st at us as ln which direclions running precedent s31 I n view of t he above circum st ances it is not possiblet o grant relieft o t he pet it ionersThese pet it ionsare accordinglydism issed Copyof t his order be placedon each connect edfile C 9 e t J PERMOD KOHLI I JUDGE g20110 Whet her t o be L Yes Anit a 2014.05.15 12: 30 True Scanned Copy Of The Original PHHC,Chandigarh I ll JOYTI RANI 2016.03.28 10:54 I attest to the accuracy and integrity of this document