Break In Service Bars Regularisation Claim Of Daily Wager: Delhi High Court Dismisses Appeal
The Delhi High Court has dismissed an intra-court appeal filed by a daily wage worker seeking regularisation, holding that a break in service disentitles a workman from claiming parity with others who were regularised under an existing scheme.
A Division Bench of Chief Justice DK Upadhayay and Justice Tejas Karia upheld the orders of the Industrial Tribunal and the Single Judge rejecting the appellant's claim for regularisation as a Baildar with the Delhi Jal Board.
Appellant had initially been engaged as a daily wager in 1982. His services were terminated in 1993, following which he raised an industrial dispute. In 2002, a Labour Court directed his reinstatement with 50% back wages—but only from July 17, 1996, and not from the date of termination.
Subsequently, Appellant sought regularisation, arguing that similarly placed workers had been regularised from 1990 and denial of the same benefit amounted to hostile discrimination.
The High Court observed that the initial engagement of the Appellant as daily wager/muster roll employee was made not against any sanctioned post, however, since policy of regularisation was brought into force, the claim of the Appellant would have been considered.
However, since the appellant's reinstatement was without continuity of service and resulted in a break between 1993 and 1996, the Court held he could not be granted relief.
“The claim of regularisation on the ground that the appellant/petitioner was subjected to hostile discrimination, cannot be accepted for the reason that the learned Industrial Tribunal has clearly recorded a finding that he would also have been regularised under the scheme of the respondent had his services not been terminated…The date of reinstatement as directed by the Labour Court award dated 03.01.2002 was never challenged by the appellant/petitioner and therefore, finding of a break in service has been recorded by the learned Industrial Tribunal,” it said.
As such, the Court dismissed the appeal.
Appearance: Mr. Jawahar Raja and Ms. Meghna De, Ms. L. Gangnei, Ms. Aditi Saraswat, Mr. Nitai Hendiya, Mr. Siddharth Sapra, Mr. Ishaan Goel, Advs. for Appellant; Ms. Kanika Agnihotri, Standing Counsel.
Case title: Shri Mohkam Singh v. Delhi Jal Board
Case no.: LPA 1101/2024