SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(SC) 1785

ANIRUDDHA BOSE, BELA M. TRIVEDI
Ganesh Digamber Jambhrunkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Manisha T.Karia, AOR, Ms.Nidhi Nagpal, Mr.Rohan Trivedi, Ms.Riya Kharab, Mr.Swapnil B.
For the Respondent: Mr. Aaditya Aniruddha Pande, AOR, Mr.Siddharth Dharmadhikari, Mr.Bharat Bagla, Mr.Sourav Singh, Mr.Aditya Krishna, Mr.Shrirang B.Varma, Mr.Anand Dilip Landge, AOR, Mr.Mrigank Prabhakar, AOR, Mr.Manoj Ranjan Sinha, Mr.Deepak Sain, Ms.Rachna Ranjan

Table of Content
1. employment based on contractual terms and lack of regularization (Para 3)
2. no legal right to regularization from prolonged contract work (Para 4 , 5)
3. final dismissal of the petition and related applications (Para 6 , 7)

ORDER :

2. Heard learned counsel for the petitioners and the respondent-State.

    "7. When we consider the prevailing scenario, it is painful to note that the decision in Umadevi has not been properly understood and rather wrongly applied by various State Governments. We have called for the data in the instant case to ensure as to how many employees were working on contract basis or ad hoc basis or daily-wage basis in different State departments. We can take judicial notice that widely aforesaid practice is being continued. Though this Court has emphasised that incumbents should be appointed on regular basis as per rules but new devise of making appointment on contract basis has been adopted, employment is offered on daily-wage basis, etc. in exploitative forms. This situation was not envisaged by Umadevi . The prime intendment of the decision was that the employment process should be by fair means and not by back door entry and in the available pay

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top