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HIMA KOHLI, AHSANUDDIN AMANULLAH
Ernakulam Regional Cooperative Milk Producers Union Ltd. – Appellant
Versus
Nithu – Respondent
ORDER :
1. Leave granted.
2. The appellant, a Cooperative Society has filed the present appeals being aggrieved by the common judgment dated 09th January, 2018 passed by the High Court of Kerala at Ernakulam in writ appeals1 [Writ Appeals Nos. 2484, 2532, 2564, 2569, 2578, 2612, 2613, 2614/2017] preferred by it against the common judgment dated 11th August, 20172 [Writ Petitions Nos. 12126, 12353, 12354, 13469, 13998, 15931, 20085, 20848/2011] passed by the learned Single Judge of the High Court. By the said judgment, the learned Single Judge has directed the Managing Director of the appellant-Society to prepare a list of casual labourers from amongst the writ petitioners as on the date of the judgement and forward it to the Director, Dairy Development Department to consider their claims for regularization in terms of the judgement of this Court in the case of State of Karnataka and Others vs. Umadevi, (2006) 4 SCC 1.
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4. The appellant-Society took a specific plea, both in the writ petitions as also before the Appellate Court that it is Cooperative Society and not a State or any other authority, as contemplated under Article 12 of the Constitution of India and theref
Appointments not being sponsored by the employment exchange, as prescribed under Rule 149(2) of the Rules, would only make the appointments irregular and not illegal.
The court emphasizes that regularization of temporary employees must adhere to principles of equality and fairness, ensuring parity in treatment for similarly situated employees.
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
Regularization of illegal appointments and entitlement to monetary benefits must be determined in accordance with the statutory provisions, relevant case laws, and government orders. Part-time employ....
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.
Establishing an employer-employee relationship is essential for regularization claims; contract-based employment does not create inherent rights to permanent status.
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