Haryana Daily-Wage Beldar’s Regularisation Bid Fails As P&H HC Finds He Fell Short Of 2003 Policy’s 240-Day Annual Test

The petitioner was appointed as a daily-wage Beldar in January 1981.

Following termination in May 1991, a labour-court award based on the parties’ compromise granted him continuity of service from October 1990, without back wages.

He sought regularisation under the Haryana policies dated 1 October 2003 and 29 July 2011, relying in part on the regularisation of junior employees and a decision in favour of other workers.

During the writ proceedings, he died; no application to bring his legal representatives on record was filed.

The State opposed the claim, relying on the petitioner’s attendance records and asserting that he did not meet the policy conditions.

Under the 1 October 2003 policy, an employee was required to have completed three years of service and be in service as at 30 September 2003, to have worked at least 240 days in each year without a break attributable to the employee, and to possess the required qualification and have been appointed against a vacant post.

Under the 29 July 2011 policy, an employee was required, among other conditions, to have continued working for at least ten years as at 10 April 2006 and still be in service, against a duly sanctioned vacant post; the policy also prescribed limits on breaks in service and requirements relating to qualifications and appointment.

The Court referred to these policy eligibility conditions as the basis for determining the regularisation claim.

The Court considered the attendance figures pleaded by the State, which the petitioner had not controverted by filing a replication.

The records showed that he worked 69 days in 2000, one day in 2001, 118 days in 2002 and 165 days in 2003; the Court held that he had not met the 240-day requirement under the 2003 policy.

It also concluded that he did not satisfy the 2011 policy’s eligibility conditions, including the required period of service and continuity.

The Court therefore found that continuity granted by the labour-court award did not establish eligibility for regularisation under either policy.

It dismissed the writ petition and disposed of any pending applications.