FACTS: In the year 1988, Haryana Tourism Corporation, hereinafter referred to as appellants appointed the respondents as a Gardener in the golf club on daily wages. Later, in the year 1989, they were asked to perform the duties of Tractor Drivers. They did so even when there was no mentioning of this post under the Corporation required in the golf club. However, the salary that they were paid was the same as that of the Gardener as there was no mention of Drivers. Their services were later on continued as Gardener only and when the respondents appealed against this, they were not heard as there was no such post and it was mentioned that the golf club is a vast area and it would require heavy machinery to operate in cleaning that area, and this would be a part of the job of the gardener to drive those machines.

Their appeal was rejected by the Trial court on the same ground but a decree was passed to create the post of Tractor Driver and then only the respondents could continue with that post. Upon rejection, they made their appeal before the Additional District Judge, Faridabad, and here, the decree of the Trial court was set aside and pronounced that regularization of the services of respondents be made and a post is sanctioned. Later on, a second appeal was filed before the High court of Punjab and Haryana and it also gave the same ruling, and then finally the matter was brought before the Supreme Court.

ISSUES: The issues, in this case, are 2 folded:

1. Whether regularization of services and creation of post affects/ bars the other?
2. Whether the courts can direct for the creation of a post that is not mentioned by the Corporation?

JUDGEMENT: The two-judge bench held that:

For the first issue, the court held that since there was no post of the Tractor Driver as mentioned by the Corporation, therefore the respondents cannot be regularized for the same post and hence, services and post do not affect the other as it has no existence because the courts here have directed for the creation of post looking at the need for maintaining the golf club.

 Considering the second issue, the court held that the High courts or any other court have no authority to direct for the creation of a post as it is the job of the Corporation per se and there should be no interference with the same.

Overall, the appeal was allowed and it was mentioned that both the High court and the Appellate court went beyond their jurisdiction on stating that a new post can be created for the respondents and their services be regularized.

RATIO DECIDENDI: The reason for the decision was that the Courts cannot take away the authority of the executive or legislative as it is their job to create the law and enforce it. There must be a clear separation of powers between the three wings of the parliament, i.e., legislative, executive, and judiciary and one must not interfere with the functioning of the other. Judges should never act as an activist and unjustifiably cross their boundaries and snatch away the functions of the other two as this will be unconstitutional. However, courts can override their functions but only under exceptional circumstances which would mean that when the situation demands the same and is in the interest of the country at large. The concept of Judicial restraint demands equality amongst the other two organs and protects the interference of one from the other. This concept also protects the freedom of the judiciary. The sole objective is that the powers and functions of one must not be abused by the other.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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