LexA. MANJULA BHASHINI & OTHERS versus THE MANAGING DIRECTOR, AP. WOMENS COOPERATIVE FINANCE CORPORATION LTD. AND ANOTHER,
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[2009] 10 S.C.R. 634 A A. MANJULA BHASHINI & OTHERS v. THE MANAGING DIRECTOR, AP. WOMEN'S COOPERATIVE FINANCE CORPORATION LTD. AND ANOTHER B (Civil Appeal No. 3702 of 2006) JULY 6, 2009 [B.N. AGRAWAL AND G.S. SINGHVI, JJ.] c Andhra Pradesh (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994: Amending Act No.3 and 27 of 1998 - Constitutional validity of - Held : Not ultra vires the Constitution. ". ~- D Sections 7, 7 A: Persons employed on daily wage basis or nominal muster roll or consolidated pay or as contingent worker on full E time basis in different departments of the Government of Andhra Pradesh and its agencies/instrumentalities - Entitlement to be regularised in service on completion of five years - Helq : The policy of regularisation contained in first . ... proviso to Section 7 of Act No.27of1998 is one time measure F - Intended to benefit only those daily wage employees, etc. who .completed 5 years continuous service on or before 25.11.1993. The employees who completed 5 years service after 25. 11. 1993 cannot claim regularization - Declaration made by the Division Bench that the ban on regularisation G will be effective from 19.8.1998 i.e. the date on which Act No.27 of 1998 came into force and that all persons who have completed 5 years service as on that date would be entitled to be considered for regularisation of service is set aside - The daily wage employees and others who are covered by H 634 .~ -,,,,. . _.., A MANJULA BHASHINI v. MANAGING DIRECTOR, AP. WOMEN'S 635 COOPERATIVE FINANCE COPRN. LTD. Section 7 of the 1994 Act (amended) and whose services have not been regularised so far, shall be entitled to be considered for regularisation and their services shall be regularised subject to fulfillment of the conditions enumerated in G. 0. dated 22.4. 1994 - The policy did not confer an indefensible right upon all daily wage employees to be regularized dehors the date of enforcement of the Act - Hence it cannot be said that the Legislature has taken away an accrued or vested right of the daily wage employees - Insertion of Section 7 A does not amount to encroachment on the court's power of judicial review. Cut off date - Fixing of - Cut off date prescribed as the date of commencement of the main Act - Cannot be dubbed as arbitrary, unreasonable, irrational or discriminatory - Constitution of India, Article 14. Constitution of India, 1950: Articles 245, 246 - Plenary powers conferred on Legislatures - Though Legislature cannot overrule, reverse or override a judicial decision, it can render a judicial decision ineffective by enacting a valid law fundamentally altering or 1 changing the conditions on which such a decision is based - Such law can also be given retrospective effect with a deeming date or with effect from a particular date. Legislative Intent - Ascertaining of - External aid - Statement of objects and reasons can also be looked into as an external aid to appreciate the true intent/object sought to be achieved by enactment of the particular Act or for judging reasonableness of the classification made by such Act. Judicial Review: Section 7A of the amending Act 27 of 1998, amending the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pay A B c D E F G H 636 SUPREME COURT REPORTS [2009] 10 S.C.R. A Structure) Act, 1994 - Does not amount to encroachment on the Court's power of judicial review. In the appeals, some of which have been filed by the State Government and its agencies/instrumentalities and some by the employees, who could not succeed before 8 the Andhra Pradesh Administrative Tribunal and/or the High Court to accept their prayer for issue of a mandamus to the concerned authorities to regularise their services, the questions which arose for consideration were: c D E (i) Whether the persons employed on daily wage basis or nominal muster roll or consolidated pay or as contingent worker on full time basis in different departments of the Government of Andhra Pradesh and its agencies/ instrumentalities are entitled to be regularised in service on completion of 5 years; and (ii) whether amendments made in the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994 by Amendment Act Nos.3 and 27 of
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