Amarjeet Chaudhary, J. - (1.) The brief facts leading to the filing of the present writ petition are as under:-
(2.) That petitioner No. 1,2,3 and 8 were sent for Drivers training for 42 days in the Drivers Training School Gurgaon by respondent No.3 for completion of 42 days training at Drivers Training School, Gurgaon joined their duties as Drivers in the month of November, 1988 and as such were working without break except national break. All the appointments were made purely on adhoc 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 not disputed that the respondent-Haryana Roadways is an industry and petitioners come under the definition of 'workman' 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 have not been regularised. The petitioners have relied upon a Division Bench judgment of this Court reported as Piara Singh v. State of Haryana, 1988 (4) S.L.R 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 posts of drivers duly selected by the Subordinate Services 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 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 of the present writ petition their services cannot be regularised. In view of the foregoing reasons, this writ petition is dismissed with no order as to costs. Petition dismissed.;