Regularisation of 27K employees by Badal govt under HC gaze

PETITIONER’S COUNSEL SOUGHT TO DECLARE THE LAW ‘ULTRA VIRES’ ALLEGING THAT IT DIRECTLY INFRINGES ON THE BASIC STRUCTURE OF THE CONSTITUTION

CHANDIGARH The Punjab and Haryana high court has put the state government on notice and sought reply as to why the implementation of December 2016 law regularising services of 27,000 employees by the previous Parkash Singh Badal government, days before model code of conduct for assembly elections was imposed, should not be stayed.

The HC bench of justice Surya Kant and justice Sudip Ahluwalia acted on the petition of Ankita Gupta, a Ludhiana resident, seeking response by April 6. The Punjab Ad hoc, Contractual, Daily Wage, Temporary, Work Charged and Outsourced Employees’ Welfare Bill, 2016, was passed in a special session by the previous government on December 24, 2016.

Petitioner’s counsel RS Bains sought to declare the law “ultra vires” alleging that it directly infringes on the basic structure of the Constitution, which implies a fair, just, reasonable opportunity for all citizens of the country for public employment and equality of opportunity as per Articles 14 and 16.

The court was also told that law was in conflict with the Supreme Court judgment in Uma Devi case, which makes it clear and interprets Article 14 of the Constitution and declares that the regularisation of temporary employees and daily wagers violates the constitutional scheme of employment.

The court was told that enactment is also “destructive” of the basic structure of the Constitution. “The rule of law involves transparent procedure for public recruitments with equal opportunity to all eligible persons. The bare language of the enactment shows that it will regularise all daily wagers, work charged and outsources employees, including contractual and ad hoc ,” the court was told.

Even though the law says that initial appointment must be a transparent process, the daily wagers, work charged and outsources employees are never appointed against advertised posts, it was argued.