Back
KRISHNA MURARI, SANJAY KAROL
Om Prakash Banerjee – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
KRISHNA MURARI, J.
Leave granted.
2. The present appeal is directed against the judgment and final order dated 10.12.2019 passed by the High Court of Judicature at Calcutta (hereinafter referred to as ‘High Court’) in MAT No. 611 of 2018 and CAN No. 10038/2018 filed by the Appellant herein against the order dated 04.05.2018 passed by a Single Judge of the High Court in Writ Petition No. 31399 (W) of 2017, seeking regularisation of service.
3. The High Court dismissed MAT No. 611 of 2018 and CAN No. 10038/2018 filed by the Appellant herein.
BRIEF FACTS:
4. The Appellant in the present case was a casual worker in Respondent No.3-Municipality, since 1991. The brief facts giving rise to the present appeal are that on 18.04.1991, the Appellant herein was appointed by Respondent No.3- Municipality as a casual worker @ Rs.25/-on a daily wage basis, to assist the Engineering Section of the Municipal Office. Prior to this, he had worked as an enumerator in the Census of 1981 and 1991, respectively. On 14.06.1996, the Appellant was appointed for 6 months on probation on a consolidated pay of Rs.1000/-per month. On 22.01.1997, Director of Local Bodies, West Bengal, issued a letter, wher
Employees who have worked for a considerable period of time cannot be denied regularisation, as it would violate their fundamental rights under Article 14 and 16 of the Constitution.
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
The main legal point established in the judgment is the applicability of the legal principles established in Umadevi's case to the appellant's claim for regularisation, considering the stipulations i....
Long-serving casual employees performing perennial duties entitled to regularization with benefits despite irregular initial engagement, to ensure equality with comparators and prevent discrimination....
The court emphasized fair treatment and equal pay, mandating regularization of long-serving employees who were arbitrarily excluded from benefits, thereby reinforcing principles of equality under Art....
Long-serving casual employees (25+ years) in perennial roles entitled to regularization despite irregular initial engagement, with parity to similarly regularized peers; CAT has jurisdiction; violate....
The court emphasizes that regularization of temporary employees must adhere to principles of equality and fairness, ensuring parity in treatment for similarly situated employees.
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
