PUNJAB STATE WAREHOUSING CORPN., CHANDIGARH versus MANMOHAN SINGH AND ANR.

PUNJAB STATE WAREHOUSING CORPN., CHANDIGARH versus MANMOHAN SINGH AND ANR.

The scheme for regularization issued by the State was not applicable to contract employees of a statutory Corporation such as the appellant, as its employees are governed by statutory rules and the State policy cannot override them without statutory sanction. Appointment of respondent was not in accordance with the constitutional scheme nor statutory recruitment rules; therefore, the respondent is not entitled to regularization under the State Government scheme.

Parties
Appellant: Punjab State Warehousing Corporation, Chandigarh; Respondent: Manmohan Singh; Respondent: Another Respondent
Jurisdiction
India
Judgment Date
20 February 2007
Procedural Posture
Civil Appeal / Appeal From Final Judgment of High Court
Outcome
appeal allowed, High Court judgment set aside
Legal Topics
Regularization, Contract Employment, Statutory Authorities, State Policy Applicability
Service Law Constitutional Law Regularization Contract Employment Statutory Authorities State Policy Applicability

Case Brief

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Parties

Punjab State Warehousing Corporation, Chandigarh

Appellant

Manmohan Singh

Respondent

Another Respondent

Respondent

Procedural Posture

Civil Appeal / Appeal From Final Judgment of High Court

Legal Issues

  1. 1 Whether contract employees of a statutory Corporation are entitled to regularization under a State Government scheme
  2. 2 Whether State policy decisions can alter statutory rules governing Corporation employees

Ratio Decidendi

The scheme for regularization issued by the State was not applicable to contract employees of a statutory Corporation such as the appellant, as its employees are governed by statutory rules and the State policy cannot override them without statutory sanction. Appointment of respondent was not in accordance with the constitutional scheme nor statutory recruitment rules; therefore, the respondent is not entitled to regularization under the State Government scheme.

Court Disposition

appeal allowed, High Court judgment set aside

Orders

  • Impugned judgment set aside
  • No costs imposed