Punjab and Haryana High Court Upholds Regularization Rights of Deceased Workman
Legal heirs entitled to consequential benefits as court emphasizes fairness and compassion in employment practices.
The Punjab and Haryana High Court, under the guidance of Justice Sandeep Moudgil, has delivered a significant judgment in favor of the legal heirs of Ram Kumar, a deceased workman who had been engaged as a daily-wage Chokidar since 1978. The court ruled that the right to regularization survives through legal heirs upon the demise of the workman, emphasizing that the State, as a model employer, must uphold principles of fairness, equality, and compassion.
Ram Kumar's service was terminated in 1994, prompting him to serve a demand notice in 1996. The Labour Court subsequently adjudicated in his favor in 2001, declaring the termination illegal and directing his reinstatement with continuity of service and full back wages. Despite his untimely demise in 2020, Ram Kumar's legal heirs pursued the regularization claim, asserting that his juniors had been regularized under a 1996 policy, a right that should have been extended to him.
The High Court, invoking its writ jurisdiction under Articles 226 and 227 of the Constitution, quashed the arbitrary and discriminatory order previously denying regularization, highlighting the accrued legal rights from Ram Kumar's lifetime. The court underscored that procedural rigidity must not hinder justice, affirming that the deceased employee's entitlement to regularization should extend to his heirs.
Justice Moudgil's ruling directed the State to regularize Ram Kumar from January 1, 1996, the date from which his juniors were regularized, and to release all consequential benefits with 6% annual interest. This decision serves as a poignant reminder of the humane purpose of law, urging employers to honor the dignity and rights of their employees beyond procedural formalities.
The judgment also referenced precedents such as the case of Khajjan Singh v. State of Haryana, which bolstered the argument for recognizing continuity of service from the original appointment date. The court's decision aligns with previous rulings that have championed the rights of workers against unfair labor practices and discrimination.
The legal heirs of Ram Kumar, now recognized as rightful claimants to his employment benefits, stand as representatives of a moral wrong seeking redress. The court's decision not only rectifies a legal entitlement but also addresses the broader principle of justice delayed but ultimately served.
Bottom Line:
Industrial Disputes Act, 1947 - Regularization of service - Right to regularization survives through legal heirs upon the demise of the workman - State as a model employer is obligated to uphold principles of fairness, equality, and compassion.
Statutory provision(s): Industrial Disputes Act, 1947 Sections 25-F and 25-G, Constitution of India Articles 226 and 227.
Ram Kumar v. State of Haryana, (Punjab and Haryana) : Law Finder Doc Id # 2793748
