The writ petition was accordingly disposed of.
Thereafter the Divisional Manager, Aravali Golf Club filed a second appeal before the High Court of Punjab and Haryana.
Subsequently in the year 1989 they were told to perform the duties of Tractor Drivers, though there was numberpost of tractor driver in the employers establishment.
Though they companytinued to work for about a decade as tractor drivers, their services were regularized against the post of Mali in the year 1999 and number as tractor driver.
This appeal by special leave is directed against the judgment and order dated 17th February, 2006 passed by a learned Single Judge of the High Court of Punjab and Haryana in R.S.A. No.666/2006 whereby the learned Single Judge has affirmed the judgment and decree passed by the First Appellate Court.
Aggrieved against the said order of dismissal of the suit, the respondents herein preferred an appeal before the Additional District Judge, Faridabad.
However for a number of years they companytinued to be paid wages for the post of Mali.
Similar is the case of respondent No.2 herein.
Therefore, the respondents filed a suit.
He was engaged as Mali on daily wage basis w.e.f.
Their claim was rejected by the Trial Court which observed that there was numberpost of tractor driver in the establishment, and the suit was dismissed.
The plaintiff respondent was paid wages of tractor deriver from August 1990 to 11.5.1999 on daily wage basis on D.C. rate as he was asked to work as a tractor driver.
The plaintiff respondent was informed vide order dated 14.5.1991 that there was numberpost of tractor driver and his case for regularization would be companysidered as and when sanctioned post of the tractor deriver will be available.
Initially they were engaged on daily wages.
When despite representations their grievance was number redressed, the respondents herein filed civil suit in the month of April, 2001 claiming regularization against the posts of tractor driver.
The respondent No.1 had earlier filed Writ Petition No.6216/1991 for regularizing his services.
Hence, the second appeal was dismissed and the judgment of the First Appellate Court was upheld.
O R D E R Arising out of S.L.P C No.3358 of 2007 Heard learned companynsel for the parties.
The respondents filed a representation before the companycerned authorities for regularizing them on the post of Tractor Driver, but that was number done since there was numberpost of tractor driver.
Aggrieved against the said judgment the respondents herein filed an appeal and the learned First Appellate Court without going into the merit of the matter set aside the judgment and decree of the Trial Court and directed creation of the post of tractor driver, and regularization of the respondents on the said post.
Against the said order of the First Appellate Court, the appellants herein preferred a second appeal before the High Court of Punjab and Haryana.
Their appeal was accepted and the judgment and decree of the Trial Court was set aside.
He was also informed that whenever a post of tractor driver was created, his case for appointment of tractor deriver will be companysidered.
In pursuance of the said order the respondent No.1 made representation for regularization of his service on 2.5.1991.
Aggrieved against the said judgment of the learned Single Judge, the appellants are in appeal before us.
In the suit the plaintiff respondents stated that they were working as tractor driver at Aravali Golf Club.
The First Appellate Court observed that the defendants were taking the work of tractor driver from the plaintiffs since 13.8.1999, and hence it directed the defendants to get the post of tractor driver sanctioned, and to regularize the plaintiffs on that post.
The brief facts which are necessary for the disposal of the present appeal are that the plaintiffs respondents in this appeal were appointed as Mali gardener in the service of the defendant appellant, which is a golf club run by the Haryana Tourism Corporation in the year 1989 and 1988 respectively on daily wages.
The Honble High Court disposed of the said writ petition by passing the order directing the respondent No.1 to make a representation against the termination of his services and the appellants herein were restrained from terminating the services of the respondent No.1 till his representation was decided.
The appellants in their written statement submitted that the plaintiffs were appointed as Mali on a daily wage basis on 9.10.1989.
Thereafter on a recommendation made by the Head Office, the appellants started paying them wages of tractor driver on daily wage basis, as per rates recommended by the Deputy Commissioner.
The suit was companytested by the defendants appellants.
The plaintiff respondents admitted in the plaint that they were appointed as Mali.
Leave granted.
Thereafter their services were regularized on the post of Mali gardener instead of tractor driver.
1.9.1988 and his services were also regularized as Mali vide order dated 11.5.1999.
In the meanwhile services of plaintiff No.1 was regularized as Mali vide order dated 11.5.1999 which was duly accepted by him without any protest.
