Punjab and Haryana High Court Upholds Regularization Rights of Long-Serving BBMB Workers
Court Rules Against Arbitrary Rejection of Daily Wage Workers' Claims, Emphasizes Equity and Fairness in Public Employment
In a significant judgment, the Punjab and Haryana High Court has ruled in favor of Harbhajan Singh and other petitioners, who have been serving as daily wage workers with the Bhakra Beas Management Board (BBMB) for over three decades. The court found the rejection of their claims for regularization to be arbitrary, discriminatory, and contrary to established law, underscoring the importance of equity and fairness in public employment.
Justice Sandeep Moudgil delivered the judgment, emphasizing the applicability of the Punjab Government's regularization policies and the Punjab Adhoc, Contractual, Daily Wage, Temporary, Work Charged and Outsourced Employees' Welfare Act, 2016. The court highlighted that the petitioners had performed duties akin to regular employees continuously since 1989, supported by regular deductions in their Contributory Provident Fund (CPF) accounts, indicating formal recognition of their long-standing service.
The BBMB's rejection of the petitioners' claims was challenged as arbitrary, with the court asserting that the Board is bound by Punjab Government's instructions under Rule 6 of the Bhakra Beas Management Board Rules, 1974. The judgment reiterated that the statutory provision creates a bridge between State Government policies and BBMB employees, contrary to the Board's claim of being under Central Government control.
Drawing on the Supreme Court's decision in "State of Karnataka v. Uma Devi (2006) 4 SCC 1", Justice Moudgil noted that while indiscriminate regularization is discouraged, exceptions exist for employees who have served continuously for over ten years. The court found that the rejection of State instructions based on BBMB's Central Government control was erroneous, affirming the applicability of the 2016 Act and related policies to the petitioners.
The court's decision aligns with its previous ruling in "Ram Lal v. BBMB", reinforcing the obligation of BBMB to adhere to beneficial provisions aimed at protecting long-serving employees from systemic inequity. Justice Moudgil emphasized that Article 14 of the Constitution mandates fairness in state action, demanding protection for employees who have dedicated their careers to public service.
This judgment marks a pivotal moment for daily wage workers seeking regularization, setting a precedent for equitable treatment and recognition of service within public institutions.
Bottom Line:
Service Law - Regularization of daily wage workers who have served continuously for over three decades - Rejection of claim as arbitrary, discriminatory, and contrary to law - Applicability of the Punjab Government's regularization policies and the Punjab Adhoc, Contractual, Daily Wage, Temporary, Work Charged and Outsourced Employees' Welfare Act, 2016 to Bhakra Beas Management Board employees.
Statutory provision(s): Article 226/227 of the Constitution of India, Punjab Adhoc, Contractual, Daily Wage, Temporary, Work Charged and Outsourced Employees' Welfare Act, 2016, Rule 6 of the Bhakra Beas Management Board Rules, 1974, Article 14 of the Constitution of India.
Harbhajan Singh v. Bhakra Beas Management Board, (Punjab And Haryana) : Law Finder Doc Id # 2781326
