PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY & ANR. versus KARAMJIT SINGH

PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY & ANR. versus KARAMJIT SINGH

Where regularization was obtained by interpolation and fraud rendering the appointment void ab initio, the person is not an employee entitled to protections under the Industrial Disputes Act, 1947 or Article 311, and termination of such void appointment does not require disciplinary proceedings.

Parties
Appellant: Punjab Urban Planning and Development Authority & Anr.; Respondent: Karamjit Singh
Jurisdiction
India
Judgment Date
15 April 2019
Procedural Posture
Civil Appeal / Appeal to Supreme Court Judgment
Outcome
Appeal allowed; Judgment and Order dated 09.07.2018 of the Punjab & Haryana High Court set aside; termination upheld.
Legal Topics
Termination of Service, Regularization of Daily Wagers, Fraudulent Appointment, Disciplinary Enquiry, Industrial Disputes Act, 1947, Article 311
Labour Law Employment Law Administrative Law Termination of Service Regularization of Daily Wagers Fraudulent Appointment Disciplinary Enquiry Industrial Disputes Act, 1947 +1 more

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Parties

Punjab Urban Planning and Development Authority & Anr.

Appellant

Karamjit Singh

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court Judgment

Legal Issues

  1. 1 Whether regularization obtained by interpolation/fraud can be treated as a valid appointment attracting protections under the Industrial Disputes Act, 1947 and Article 311
  2. 2 Whether termination of services of a person whose regularization was void ab initio requires initiation of departmental/disciplinary enquiry

Ratio Decidendi

Where regularization was obtained by interpolation and fraud rendering the appointment void ab initio, the person is not an employee entitled to protections under the Industrial Disputes Act, 1947 or Article 311, and termination of such void appointment does not require disciplinary proceedings.

Court Disposition

Appeal allowed; Judgment and Order dated 09.07.2018 of the Punjab & Haryana High Court set aside; termination upheld.

Orders

  • The Order dated 09.07.2018 passed by the Division Bench of the Punjab & Haryana High Court is set aside
  • The appointment/regularization of the respondent is held invalid and void ab initio