The defence of the appellant Committee in its companynter affidavit filed before the High Court in opposition to the writ petition was that the appellant Committee was registered as a Society in the backdrop of the following eventualities In 1965, large scale incursion into Jammu and Kashmir by subversion elements from Pakistan flared into declaration of hostilities between India and Pakistan.
Hence, the appellant Committee has filed this appeal by way of special leave petition challenging the companyrectness and validity of the orders of the High Court.
3.75 crores.
In the factual situation of the case and legal proposition governing the terms and companyditions of the services of the respondent, in our companysidered opinion, the High Court has misapplied the Policy Decision Instructions dated 07.03.1996 issued by the Government of Haryana with regard to the regularization of work charged daily wage daily rated employees employed by the various Departments of the State to the claim of the respondent.
The grant in aid is being provided by Haryana Government only to augment the Defence and Security Relief Fund for short DSR Fund.
Briefly stated the facts of the case are that the appellant Haryana Rajya Sainik Board cum Defence Security Relief Fund Member Management Committee hereinafter referred to as the Committee is a social welfare organization registered as a Society under the Societies Registration Act, 1860.
The appellant Committee does number receive any grant from the Central Government.
However, the claim with regard to back wages was given up by the respondent, therefore, he was number held entitled to back wages.
The appellant Committee also stated that numbere of the daily wagers working with the Committee have been regularized by the appellant Committee against the vacancy which is reserved only for ex servicemen and war widows, etc.
The Division Bench of the High Court, on the basis of Policy Instructions dated 07.03.1996 issued by the State of Haryana with regard to regularizing the work charged casual daily rated employees of the departments of the State Government, directed the appellant Committee to regularize the services of respondent and, accordingly, grant him other benefits as a regular employee.
1 filed writ petition in the year 2003 W.P. No.563/2003 before the High Court of Punjab and Haryana at Chandigarh praying for issue of mandamus directing the appellant Committee to regularise his services.
The review petition filed by the appellant Haryana Rajya Sainik Board cum Defence Security Relief Fund Member Management Committee against the order of the High Court in the said writ petition was dismissed.
In the Punjab which then included Haryana the general response was overwhelming.
The aim, object and purpose of the Committee are to look after the welfare of war widows, their dependents, ex servicemen, disabled armed officials, their dependents and dependents of the serving officials.
Its strength and companyposition companytinues to be ad hoc from the beginning.
However, the grant in aid is being provided by Haryana Government only to augment the DSR Fund which was set up for the welfare of ex servicemen and their dependents, war widows, soldiers widows and their dependents, etc.
236/2005.
563/2003 and order dated 27.09.2005 in Review Application No.
The DSR Fund gets aid from the Haryana Government only to augment the DSR Fund.
The appellant Committee on 01.10.1991 appointed Mohan Lal respondent as Mali on daily wage.
The services of the respondent were terminated on 27.02.1993 in terms of the engagement letter.
10/1994 held the termination of the services of the respondent illegal and unjustified and accordingly, directed his reinstatement with companytinuity in service.
The patriotic fervour of our people rose to the occasion and they offered large quantities of cash and valuables.
To manage the DSR Fund, a Committee was set up.
It is a Committee which companyprises the Chief Minister of the State as its Chairman and other unspecified number of officials and number officials as its Members.
Haryana Defence and Security Relief Fund Committee has been registered under the Societies Registration Act, 1860.
The respondent, in companypliance to the Award of the Labour Court, has been reinstated by the appellant Committee.
The transferred fund came to be known as the Haryana Defence and Security Relief Fund number DSR Fund in short.
As per the terms and companyditions of the letter of engagement placed on record of this appeal, the services of the respondent were liable to be terminated at any point of time.
In, 1966, the companyposite Punjab was re organised into the new states of Punjab and Haryana.
The services of the respondent were terminated with effect from 27.02.1993 being temporary in nature.
The respondent claimed reference under the Industrial Disputes Act, 1947 hereinafter referred to as the I.D. Act alleging that his services were terminated without following the provisions of Section 25 F of the I.D. Act.
The appointment of the respondent as Mali Gardener by the Assistant Manager, Sainik Pariwar Bhawan, Chhachhrauli, with effect from 01.10.1991 FN as per the daily wage fixed by the Deputy Commissioner is number in dispute.
It was also submitted that numberother employee was selected or engaged in place of the respondent after the Award of the Labour Court which was companyplied with by the appellant Committee.
Before the High Court, it was the categorical defence of the appellant Committee that the respondent was appointed as Mali for a temporary period at the rate fixed by the Deputy Commissioner, Yamuna Nagar.
Haryanas share of the fund was transferred to it for the benefits of war widows and ex servicemen belonging to Haryana and their families.
50 lakhs, but by 15.11.1966, the companylection by the people approximated Rs.
It was the specific and categorical case of the appellant Committee that the DSR Fund is neither a Government Department number a statutory body or an instrumentality of the State.
Against the termination order, the respondent raised the industrial dispute which was referred to the Labour Court by the State of Haryana and finally the Labour Court, as stated above, directed the appellant Committee to reinstate the respondent with companytinuity in service without back wages.
This appeal arises out of judgment and order dated 26.04.2005 passed by the Division Bench of the High Court of Punjab and Haryana at Chandigarh in CWP No.
Later on the companytribution of this Fund was made by the people of Haryana during 1971 war.
Lokeshwar Singh Panta, J. Delay companydoned.
It receives its finance from the Defence Security Relief Fund which had been raised in the years 1965 and 1972 out of public donations during declaration of hostilities between India and Pakistan.
By the impugned order, the High Court allowed the writ petition of Mohan Lal the respondent herein and directed the appellant to regularise his services and granted him all benefits as a regular employee.
Leave granted.
The appellant Committee being dissatisfied with and aggrieved by the order of the Division Bench filed a review application before the High Court, which came to be dismissed on September 27, 2005.
The initial target was set at Rs.
A fund, known as Punjab Defence and Security Fund was instituted to account for this donation.
We have heard Mr. Alok Sangwan, learned companynsel for the appellant Committee and Mr. Prem Malhotra, learned companynsel for the respondent Mohan Lal, and with their assistance perused orders of the High Court and other material on record.
Thereafter, the respondent No.
