RITU BAHRI, J. - (1.) IN the present writ petition, directions are being sought to issue a writ in the nature of mandamus directing the respondents not the remove the petitioner from the post of Baledar.
(2.) THE case of the petitioner is that he was appointed on Mustar roll on 01.10.1995 in Sector 18, Faridabad. However, no appointment letter was issued to the petitioner. The M.C. Faridabad - respondent No. 1 issued an order/instructions dated 03.02.1995 directing that all the daily wagers who had completed 180 days but had not completed 240 days, could not be retained in the Corporation. The service of these employees who have completed 240 days for the last 12 months should not be terminated. This decision was taken as some of the workman were allowed to complete 240 days so that they could not be removed from the service of the Corporation. The petitioners service on mustar rol stands sanctioned up to 12.07.1996. The apprehension of the petitioner was that after 12.07.1996,he will not be allowed to work on mustar roll and he will be replaced by any other daily wager. This was against the spirit of Industrial Disputes Act, 1947. The present writ petition was admitted on 29.07.1997 and status quo with regard to the service of the petitioner was ordered. Learned counsel for the petitioner has placed on record the policy dated 01.10.2003 (P -5). As per policy, the State had issued instructions of regularisation of Group 'D' employees who had completed 3 years of service of Group D as on 31.01.1996 and have worked for 240 days in each year. The petitioner was still continuing in service and has put in almost 16 years of service with the Corporation. The service of the many daily wagers have been regularized by the Corporation on 01.10.2003. In compliance of order dated 22.02.2003, the respondent - Corporation has filed an affidavit dated 13.03.2013. Reference has been made to the instructions dated 01.10.2003 and Haryana Government Policy dated 10.02.2004 (amended) wherein it has been stated that service of only those daily wagers shall be regularized who had been engaged before 31.01.1996 provided that they fulfill other conditions. The list of the employees who have been regularized pursuant to these instructions is Annexure R -1 colly. Learned counsel for the petitioner has referred to 3 Beldars mentioned below whose services have been regularized: - S. Employee's Name Father's Cadre Date of Regularized Name Engagement w.e.f No. on daily wage 1 Sh. Suresh Kumar Balbir Singh Beldar 14.12.1993 01/10/03 2 Sh. Hemwati Nandan Panna Lal Beldar 06/07/94 01/10/03 3 Sh. Vishnu Babu Ram Beldar 14.07.1994 01/10/03
(3.) THE petitioner's case has not been considered and he was eligible to be regularized in view of the Government Instructions dated 01.10.2003.;