Court rules the 2016 Act remains in force; denies relief due to lack of transparent appointment process for petitioner
In a significant judgment, the Punjab and Haryana High Court has ruled that 'The Punjab Ad hoc, Contractual, Daily Wage, Temporary, Work Charged and Outsourced Employees' Welfare Act, 2016' remains in force, as a proposed bill to repeal it did not receive gubernatorial assent. The court dismissed a petition by Akash Sharma, who sought regularization of his employment under this Act, citing non-compliance with essential conditions of the Act.
The petitioner, Akash Sharma, had been working as a Computer Typist with the Municipal Corporation, Amritsar, since 2010. His service was initially engaged through a service provider and subsequently extended on a contractual basis. Sharma's plea for regularization was based on the Act of 2016, which mandates regularization of employees working on ad hoc or contractual basis for a continuous period of not less than three years. However, the court highlighted a crucial lapse: Sharma's initial appointment lacked the transparent process required by the Act.
The court observed that no advertisement or competitive selection process was undertaken for Sharma's initial appointment, which was deemed a "backdoor entry." This lack of transparency in the appointment process led to the rejection of his claim for regularization.
The judgment, delivered by Justice Harpreet Singh Brar, emphasized that a validly enacted legislation, such as the 2016 Act, cannot be deemed inoperative without proper legislative repeal or judicial declaration of unconstitutionality. The court noted that the proposed 'Punjab Protection and Regularization of Contractual Employees Bill, 2021,' which included a repeal clause for the 2016 Act, never attained the necessary assent from the Governor of Punjab to become law.
This ruling clarifies the status of the 2016 Act, asserting its continued applicability and highlighting the necessity of transparent appointment processes for claims of regularization under the Act. The court's decision underscores the legal principle that legislative processes must be strictly adhered to for any changes in statutory provisions.
Bottom Line:
Regularization of contractual employees under 'The Punjab Ad hoc, Contractual, Daily Wage, Temporary, Work Charged and Outsourced Employees' Welfare Act, 2016' - Act of 2016 was never repealed as the Bill of 2021 never attained the Governor's assent - However, regularization requires initial appointment through a transparent process which was absent in the petitioner's case.
Statutory provision(s): The Punjab Ad hoc, Contractual, Daily Wage, Temporary, Work Charged and Outsourced Employees' Welfare Act, 2016
Akash Sharma v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2862582
