Amarjeet Chaudhary, J. - (1.) The brief facts leading to the filing of the present writ petition are as under:-
(2.) Petitioner Nos. 1 to 9 were sent for training in the Drivers Training School, Gurgaon by respondent No. 3 in the month of September, 1988 of 42 days whereas petition Nos. 10 to 16 after their selection vide order dated 13.9.1988 were given duties of Driver and as such were working without break except notional break. All the appointments were made purely on ad hoc basis against suspension posts. As per terms and conditions of their appointment letters, they were not entitled for uniform/shoes/washing allowance and free family passes till completion of 240 days service. Their services were liable to be terminated at any time without any prior notice or assigning any reason. It is disputed that the respondent-Haryana Roadways is an industry and petitioners come under the definition of 'workmen' and as such are entitled to regularisation of their services on completion of 240 days without any break. The petitioners have completed more than 240 days service without any break but their services are not being regularised. The petitioners have relied upon a Division Bench judgment of this Court reported as Piara Singh v. State of Haryana, 1988(3) SLR 739. The respondents have filed a detailed written statement in which they have taken preliminary objection that they had received a list of twenty candidates for the post of drivers duly selected by the Subordinate Service Selection Board for regular appointment and they cannot be appointed as such until the present petitioners are removed from service as they were appointed on ad hoc basis against suspension posts. They have further stated that the petitioners have not rendered 240 days continuous service, they are not entitled to regularisation.
(3.) It was held in Piara Singh's case (supra) that the persons who come within the definition of 'workman' under the Industrial Disputes Act, their services cannot be dispensed with without following the procedure laid down in that chapter. Since in the case in hand, the petitioners have not completed 240 days continuous service, at the time of filing the present writ petition, their service cannot be regularised. In view of the foregoing reasons, this writ petition is dismissed with no order as to costs. Petition dismissed.;