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Punjab & Haryana High Court’s Justice Sandeep Moudgil says Court cannot close its eyes to the pains and sufferings of people in the lower strata of society! 

 

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Punjab & Haryana High Court’s Justice Sandeep Moudgil says Court cannot close its eyes to the pains and sufferings of people in the lower strata of society! 

Calling it a glaring example to demonstrate “callous approach” of State, the Punjab & Haryana High Court has directed Haryana government to pass necessary order to regularize the services of Class IV employees who are working under it as a daily wager for over two decades.

Justice Sandeep Moudgil said, “the instant case is a glaring example to demonstrate lethargic and callous approach of State saying that they were satisfied with the engagement of petitioner-employees on daily-wage basis as their financial liability was “minimum”.

 

The background:

The petitioners filed the present writ petition invoking Article 226 of the Constitution of India with a prayer for issuance of a writ in the nature of certiorari for quashing of the Office Order dated 25.01.2019 whereby the respondent – Municipal Corporation, Faridabad rejected the claim for regularization of the petitioners. They further seek a direction to the respondents to regularize their services in view of various judicial pronouncements of this Court as well as the Apex Court and also on the principle of ‘equal pay for equal work’.

Justice Moudgil asserted the petitioners were admittedly working for over three decades, but the respondent absolved itself from duty as a socialistic welfare State. Its action amounted to unfair labour practice to avail the services of petitioners to its own advantage, though they had devoted over 60 per cent of their life for a meagre amount possibly not even sufficient to maintain themselves, what to talk of their dependents. They might have earned a promotion, increments and allowances in case they were regularised under a policy dated October 1, 2003.

Justice Moudgil asserted: “This case is peculiar wherein class IV employees are forced to undergo multiple rounds of litigation for claim they became eligible for in 2003…This court cannot close its eyes to the pain, sufferings and harassment this strata of society have been dealt with. It needs to be compensated… The respondent-MC shall pay 6 per cent interest per annum on arrears from date it became due till realisation.”

 

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Collated and Compiled by the internal staff of Karma Global with the knowledge and expertise that they possess, besides adaptation, illustration, derivation, transformation, collection and auto generation for its monthly newsletter Issue 19 of January 2024 and in case of specific or general information or compliance updates for that matter, kindly reach out to the Marketing Team – kush@karmamgmt.com / yashika@karmamgmt.com

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