R.L. Anand, J. - (1.) I have heard the learned counsel for the parties and with their assistance have gone through the record of the case.
(2.) It is the common case of the parties that the petitioner was appointed as Ground man on daily wages. His services were earlier terminated on 3.3.1992. Then he challenged his termination before the Labour Court and vide award dated 26.7.1995 the termination order was set aside and the petitioner was given the benefit of continuity of service with back wages. The State of Haryana has also filed a writ petition challenging the award of the Labour Court which is pending in the High Court. Through the present writ petition the petitioner is seeking regularisation of his services by pleading that since the Labour Court has gone in his favour and the period of his termination has been treated on duty, therefore, that period has to be counted for the purpose of regularisation as per the policy of the State Government which lays down that daily wage worker can be regularised if he completes 3 years of service as on 31.1.1996. On the contrary, the learned counsel for the respondents submits that since the award of the Labour Court has been challenged by the State and the writ is pending before the High Court, therefore, till the writ is disposed of, the case of the petitioner for regularisation cannot be considered.
(3.) After considering the rival contentions of the parties, I dispose of this writ petition by giving directions to the respondents to consider the case of the petitioner for regularisation after giving the advantage of that period which has been ordered to be counted by the Labour Court. The needful shall be done by the respondents within three months from the receipt of the copy of the order. The order of regularisation which shall be passed by the respondent authorities in pursuance of this order shall be subject to the decision of the writ petition. The petitioner, however, shall not be given the back wages and the order of regularisation shall operate prospectively from the date of is issuance. No order as to costs. Copy Dasti. Ordered accordingly.;