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CASE NO.: Appeal (civil)  250 of 2007

PETITIONER: State of Haryana & Anr

RESPONDENT: Saroj Bala & Ors

DATE OF JUDGMENT: 17/01/2007

BENCH: G.P. MATHUR & A.K. MATHUR

JUDGMENT: J U D G M E N T (Arising out of Special Leave Petition (Civil) No.23428 of 2005)

G. P. MATHUR, J.

1.      Leave granted.

2.      This appeal, by special leave, has been filed challenging the  judgment and order dated July 18, 2005 of  High Court of Punjab and  Haryana, by which the writ petition filed by the respondent Saroj Bala  was allowed and it was directed that her services shall be regularized  w.e.f. October 1, 2003 with all consequential benefits.  

3.              Learned counsel for the appellants has submitted that the issue  of regularization of service has been recently examined by a  Constitution Bench of this Court in Secretary, State of Karnataka &  Ors. Vs. Uma Devi & Ors. (2006) 4 SCC 1 and the judgment rendered  by the High Court is not in accordance with law laid down in the  aforesaid case.  Learned counsel has further submitted that the award  of the Labour Court dated June 2, 2003 passed in favour of the  respondent was challenged by the appellants by filing C.W.P.  No.13335 of 2005 and the High Court has stayed operation of the  award by the order dated August 25, 2005.    

4.      Learned counsel for the respondent has submitted that the  Government of Haryana has issued a policy dated October 1, 2003 for  regularization of employees, whereunder the respondent is entitled to  be regularized.  Learned counsel for the appellants has not disputed  the said fact, but has submitted that regularization of service can be  done only in accordance with the conditions which are enumerated in  the said policy but the respondent does not satisfy the conditions  enumerated in the said policy.  

5.      Having considered the submissions made by learned counsel  for the parties, we are of the opinion that the matter requires a fresh  consideration by the High Court in the light of the decision referred to  above and also the policy issued by the Government of Haryana.   

6.      The appeal is accordingly allowed and the judgment and order  under challenge is set aside.   The matter is remitted back to the High  Court for a fresh decision of the writ petition.   It is made clear that  this Court is not expressing any opinion on the merits of the claim  made by the respondent.