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Supreme CourtDivision Bench(2016) 08 SC CK 0111

State of Uttar Pradesh vs Puran Singh

Supreme Court Of India · Decided on 23 August 2016 · Citation: (2017) 3 SCC 615 : (2017) 1 SCCLS 699

HON’BLE JUDGES
Mr. Kurian Joseph and Mr. Rohinton Fali Nariman, JJ.
RESULT
Disposed Of
CASE NUMBER
I.A. Nos. 19-23 of 2015 in Civil Appeal Nos. 5085-5089 of 2004

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Judgment

9 paragraphs · 344 words
1.

In the Award of the Labour Court dated 13th April, 1992, it has been ordered as follows:

".... On the aforesaid discussion this industrial dispute is answered in this manner that the termination, by the employers, of the services of these four workmen with effect from 16.8.1986 is not proper and lawful. As I have considered herein above, the order of termination of their services has been held to be illegal, which will mean that they shall be deemed to be in continuous service and after having been re-employed with effect from 16.8.1986 itself and after having gained the continuity of service, they shall be entitled to get all the back-wages."

2.

This part of the Award has not been disturbed by the High Court and what is disturbed is only the direction to prepare a scheme for declaring the workmen as appointed and thereafter, to obtain the desired sanction in respect of them and then to regularise and make them permanent.

3.

In the additional affidavit dated 22nd August, 2016, it is clearly and fairly stated that the Government had taken a decision that the persons working on daily wages in the Government Department, Government Undertaking, Corporations, Local Bodies, Development Authorities and District Panchayat continuously, etc. w.e.f. 31.03.1996 till 31.12.2001, should be regularised in their services.

4.

The learned Counsel appearing for the State however, submits that pursuant to the Award, respondents-workmen were actually reinstated only in the year 2011 and, therefore, the Government Circular will not apply.

5.

We are unable to appreciate the above submission in view of the deemed service declaration given by the Labour Court to the respondents-workmen.

6.

In view of the Award of the Labour Court, the respondents-workmen have to be deemed to be in continuous service from 31.03.1996 till reinstatement in 2011. Hence, they are also entitled for regularisation in terms of Government order referred to in the additional affidavit.

7.

The learned counsel appearing for the State seeks a week''s time to get further instruction on the above.

8.

Post on 1st September, 2016.