Punjab-Haryana High Court
Uhbvn Ltd And Ors vs Shiv Narain And Ors on 15 April, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:050031
RSA-902-2015 (O&M) and other connected matters
2024:PHHC:050031
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(Sr. No. 215)
(1) RSA-902-2015 (O&M)
Date of Decision : 15.04.2024
Uttar Haryana Bijli Vitran Nigam Limited and others
...Appellants
Versus
Smt. Mamo Devi and others
...Respondents
(2) RSA-2314-2015 (O&M)
Uttar Haryana Bijli Vitran Nigam Limited and others
...Appellants
Versus
Raj Pal and others
...Respondents
(3) RSA-2355-2015 (O&M)
Uttar Haryana Bijli Vitran Nigam Limited and others
...Appellants
Versus
Shiv Narain and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Puneet Jindal, Senior Advocate with
Ms. Navroop Jawanda, Advocate for the appellants
in all the RSAs.
Mr. Paramveer Singh, Advocate for the respondents
in all the RSAs.
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Neutral Citation No:=2024:PHHC:050031
RSA-902-2015 (O&M) and other connected matters
2024:PHHC:050031
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Harsimran Singh Sethi J. (Oral)
1. In the present bunch of appeals, the challenge is to the
judgments and decrees of the courts below by which, the direction has
been given to consider the claim of the respondents-plaintiffs for
regularization of their services under the Regularization Policy dated
01.10.2003.
2. Learned senior counsel appearing on behalf of the appellants-
defendants submits that during the pendency of the present appeals,
keeping in view the direction given by the Co-ordinate Bench, a fresh
order has been passed declining the benefit for regularization of the
services of the respondents-plaintiffs on the ground that they were not
recommended by the Employment Exchange.
3. Learned counsel for the respondents-plaintiffs, on the other
hand, submits that keeping in view the Regularization Policy dated
01.10.2003, no such condition is mentioned, hence, the claim of the
respondents-plaintiffs has been rejected contrary to the terms and
conditions of the Regularization Policy dated 01.10.2003.
4. Learned counsel for the respondent-plaintiff further submits
that the issue with regard to the regularization of the employees under the
Regularization Policy dated 01.10.2003 has already been decided by this
Court and parameters have been laid down on the basis of which the
claim of the employees is to be considered while passing order in CWP
No. 2158 of 2020 titled as Ashish Sharma and others vs. State of
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Neutral Citation No:=2024:PHHC:050031
RSA-902-2015 (O&M) and other connected matters
2024:PHHC:050031
Haryana and others, decided on 13.03.2024 and the respondents be
directed to consider the claim of the petitioners as per the direction given
in Ashish Sharma's case (supra).
5. Learned senior counsel appearing on behalf of the appellants-
defendants very fairly submits that in case, the respondents-plaintiffs
themselves are agreeable that their cases be considered in terms of the
direction given in Ashish Sharma's case (supra), the same will be done
in accordance with the direction given therein and appropriate order will
be passed within a period of three months from the date of receipt of copy
of this order.
6. Learned counsel for the respondents-plaintiffs submits that
they have no objection in case, the claim of the respondents-plaintiffs is
considered in terms of the judgment in Ashish Sharma's case (supra).
7. Keeping in view the above, the present appeals are disposed
of with the direction to the appellants-defendants that the claim of the
respondents-plaintiffs be considered under the Regularization Policy
dated 01.10.2003 keeping in view the parameters laid down in Ashish
Sharma's case (supra) and appropriate order be passed within a period of
three months from the date of receipt of copy of this order.
8. Needless to say that in case, the respondents-plaintiffs are
found entitled for the benefit, the same be given otherwise, due reasons be
mentioned in the fresh order to be passed. It may be noticed that the
claim of the respondents-plaintiffs will not be rejected merely that during
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Neutral Citation No:=2024:PHHC:050031
RSA-902-2015 (O&M) and other connected matters
2024:PHHC:050031
the pendency of the present appeals, their claim had already been rejected
under the Policy of the year 2011.
9. All the regular second appeals are disposed of in above
terms.
10. Pending miscellaneous application, if any, also stands
disposed of.
11. A photocopy of this order be placed on the file of connected
cases.
April 15th, 2024 (HARSIMRAN SINGH SETHI)
kanchan JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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