Law: Factories (Punjab Amendment) Act, 1940

Section: 2(f),3,6(1)(a),6(1)(b)

Punjab Regularization of Service Act (XV of 2018)--- ----Ss. 2(f), 3, 6(1)(a) 6(1)(b)---Contract employees regularized in service under the Punjab Regularization of Service Act, 2018 (the 2018 Act)---Whether regularization operated from the date of regularization of the service of the employee or from the date of initial appointment of the employee on contract basis---Held, that provisions of the 2018 Act were unambiguous and clearly mentioned that regularization shall be with immediate effect i.e., from the date of regularization---Regularization of contract employees under the 2018 Act shall be considered from the date of their regularization. ORDER SYED MANSOOR ALI SHAH, J.--- The services of the respondents were admittedly regularized under The Punjab Regularization of Service Act, 2018 (Act), therefore, the sole question before us is the determination of the date of regularization i.e., whether it is from the date of regularization of the service of the employee or whether from the date of initial appointment of the employee on contract basis. The Punjab Service Tribunal through impugned consolidated order dated 26.10.2020 found that the regularization of the respondents shall be from the date of their initial appointment under the contract, but the impugned order has failed to discuss the provisions of the Act. 2. We have heard the learned counsel for the parties and have gone through the provisions of the aforesaid Act. The Act provides for appointment on regular basis of employees serving on contract.1 The Act is applicable to persons employed in a department, who have completed three years continuous service before or after commencement of the Act.2 Regularization under the Act means the appointment of an eligible contract employee on regular basis, with immediate effect, in accordance with the Act.3 The Act further provides that the contract employees who have continuously been serving as such for a period not less than three years shall be eligible to be considered for appointment on regular basis if; (a) a regular vacancy allocated for initial recruitment is available for regularization; (b) he is qualified for the post; (c) he has not been…

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