RAJIV NARAIN RAINA,J. - (1.) The petitioner worked as part -time sweeper in the office of the Superintending Engineer, Public Health Branch, Panchkula. There is a dispute whether she served since 1989 or 1995. The issue needs not to be dilated upon since the petitioner concedes before the Court that for all intents and purposes, her service from 1995 should be counted in case there is merit found in her prayer for regularization of her services. Accordingly, this Court accepts her non -disputed length of service from 1995 to determine her prayers.
(2.) While she was serving, the Executive Engineer, PHE Division, Panchkula wrote to the Superintending Engineer, PHE Circle, Yamunanagar a memo dated 28.3.2012 [Annexure P -7] certifying facts regarding the petitioner as follows : - "It is certified that Smt.Sharda Devi part time sweeper has fulfilled the conditions from Sr.no.1 to 8 of the above subject except condition no.1 which is a gap period is more than 1 month, the reasons as already been explained in the letter no.12947 dated 25.9.2003 that her services continuing for previous absent period shall be referred to higher authorities. Now the policy of Government regarding regularization of services there is a condition that the workman should have worked continued minimum ten years without break for more than a one month in a calendar year. Smt.Sharda Devi has joined after absent period on 1.10.2003 on the basis of demand notice treated as withdrawn/settled (copy attached). The case was pending with Assistant Labour Commissioner cum Conciliation Officer, Sector 30B, Chandigarh and decided on the mutual settlement/withdrawn (certified copy of Labour court attached). In view of the above if the services of Smt.Sharda Devi are considered as on the date of notification she had completed around fifteen years and that continuously except the period as stated above, this office is of the opinion that the services of Smt.Sharda Devi may be regularized wef 29.7.2011 as per Haryana Govt. notification and lenient view may be taken for the gap period. The matter is submitted for further necessary action please."
(3.) A recommendation was made that her services be regularized from 29.7.2011 as per Haryana Government notification and a lenient view may be taken for the gap period. The gap period was occasioned by cessation of service caused by termination of service in two parts, i.e., from June, 2002 to September, 2003 [cumulatively 15 months] for which the petitioner cannot be faulted as she was forced out of service. When she raised an industrial dispute, the Conciliation Officer settled the dispute between the parties on a bargain of give and take. The petitioner would give up her rights to back wages and be returned to work. This is how the petitioner was reinstated in 2005.;