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2007 (2) TMI 703

..... on of its employees. The question which arises for consideration in this appeal arising out of a judgment and order dated 25.04.2005 passed by a Division Bench of the Punjab and Haryana High Court in Civil Writ Petition No. 10307 of 2004 is as to whether the appellant herein was bound to invoke the said scheme in respect of its own employees. The validity or otherwise of the said Scheme came to be questioned before this Court. This Court passed an interim order. Pursuant thereto or in furtherance thereof, Respondent No. 1 herein was appointed on contract basis as Restorer on a consolidated monthly salary. His services indisputably were extended from time to time. The contention of the appellant is that the contract of the respondent's s .....

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..... appellant, sought to extend the same to public sector undertakings, corporations, boards, local authorities and other autonomous bodies which it could not do in law. Therein, it was stated: "iv. For accommodating work charged/ daily wage/ other category workers as per the above policy against the existing vacancies the existing instructions requiring permission of the DOP and FD for filling up the vacancies would not apply. Wherever for the absorption/ regularization of workers as per the above policy any Department's own Recruitment Rules come in the way, such provisions of the Recruitment Rules will stand relaxed." However, a clarification was sought for from the State Government by the Managing Director of the appellant by .....

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..... alf. We fail to understand as to under what circumstances the State had issued the aforementioned circular letter dated 23.01.2001. A policy made by a State would ordinarily apply only in respect of the employees working under it. The policy decision of a State cannot be extended to a statutory Corporation unless it is permitted to do so by the statute. [See Pawan Alloys & Casting Pvt. Ltd., Meerut v. U.P. State Electricity Board and Ors. (1997) 7 SCC 251] Furthermore, when the terms and conditions of the services of an employee are governed by the rules made under a statute or the proviso appended to Article 309 of the Constitution of India, laying down the mode and manner in which the recruitment would be given effect to, even no orde .....

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..... he said paragraph in the instant case would not arise. Moreover, in view of series of decisions of this Court explaining paragraph 53 Umadevi (supra), such a Scheme could be made out only in respect of such employees whose appointments were irregular and not illegal. This aspect of the matter has recently been considered in Punjab Water Supply & Sewerage Board v. Ranjodh Singh & Ors. [2006 (13) SCALE 426] in the following terms: "A combined reading of the aforementioned paragraphs would clearly indicate that what the Constitution Bench had in mind in directing regularisation was in relation to such appointments, which were irregular in nature and not illegal ones." [See also Municipal Corporation, Jabalpur v. Om Prakash Du .....

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