Back
S. ABDUL NAZEER, KRISHNA MURARI
Managing Director, Ajmer Vidhyut Vitran Nigam Limited, Ajmer – Appellant
Versus
Chiggan Lal – Respondent
ORDER
1. Abatement is set aside and delay in filing of the application for substitution is condoned. I.A. No. 47721 of 2018 is allowed and the legal representatives of the deceased Birbal-respondent no. 16 are brought on record.
2. Leave granted.
3. This appeal is directed against the judgment and order dated 04.01.2017 passed in D.B. Special Appeal Writ No. 117/2006 whereby the Division Bench of the High Court of Judicature for Rajasthan, Jaipur Bench, has confirmed the order of the learned Single Judge dated 06.05.2005 passed in S.B. Civil Writ Petition No. 5326/1990.
4. The respondents herein were engaged by the appellant as unskilled labour on daily wages on different dates from 06.04.1980 to 17.05.1980. The appellant passed an office Order dated 18.06.1980, by which the strength of the employees, inclusive of casual labour, was frozen to the number of employees as it stood on 31.05.1980. The decision was taken in view of the financial condition of the appellant and the considerable number of surplus staff with it. It was also decided that until further orders, no addition was to be made to the strength of the employees as it stood on 31.05.1980. The respondents were declared work
The date of regularization and grant of pay scale is at the discretion of the employer/screening committee, and no parity can be claimed in the matter of regularization in different years.
The court ruled that administrative decisions regarding employment regularization must avoid arbitrary discrimination and adhere to principles of equal treatment under the law.
The main legal point established in the judgment is that the regularization of services should be made under the statutory rules and the services rendered earlier on a daily wage basis will not be re....
The court established that eligibility for regularization and pensionary benefits must be determined based on the criteria set forth in applicable regulations, and that such benefits cannot be claime....
Point of Law : It is equally well settled that Courts should interfere with administrative decisions pertaining to pay fixation and pay parity when they find such a decision to be unreasonable, unjus....
The main legal point established in the judgment is the need to interpret beneficial legislation liberally to achieve the legislative intent and uphold the principle of equal pay for equal work.
Employees are entitled to regularization on completion of three years of service from their date of initial engagement, as per relevant government orders and previous court decisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
