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VIKRAM NATH, PRASANNA B. VARALE
Shripal – Appellant
Versus
Nagar Nigam, Ghaziabad – Respondent
JUDGMENT :
VIKRAM NATH, J.
1. These appeals, one filed by certain workmen (hereinafter, the workmen in all the appeals are referred to as the Appellant Workmen) and the other by the employer department i.e. Ghaziabad Nagar Nigam (hereinafter referred to as the Respondent Employer as the employer in all the appeals), arise out of a common final judgment and order dated 01.03.2019, passed by the High Court of Judicature at Allahabad in Writ Petition No. 13381 of 2012 and connected matters.
2. By the impugned judgment, the High Court considered the legality of two conflicting sets of awards passed by the Labour Court, Ghaziabad - one set allowing reinstatement of some workmen with partial back wages, and another set denying relief altogether to other similarly placed workmen.
3. The factual matrix leading up to the appeal before us is as follows:
(1) Regularisation – Indian labour law strongly disfavours perpetual daily-wage or contractual engagements in circumstances where work is permanent in nature – Morally and legally, workers who fulfil....
Employers cannot deny regularization to employees engaged in perennial work, regardless of claims of temporary employment, as such practices violate statutory obligations and constitute unfair labor ....
Long-term service in sanctioned positions can warrant regularization despite age limitations in recruitment, emphasizing continuity and eligibility for qualified employees.
Reinstatement for daily wage workers is not automatic and must be assessed on a case-by-case basis, considering service duration and delay in raising disputes.
The court confirmed that permanent employment requires formal appointment procedures, and mere long service does not grant entitlement to regularisation without mandated legal protocols.
Labour Law – Unfair labour practice - when similarly situated workmen have been grated permanency by the University, non-granting of the same to the present workmen is nothing but an unfair labour pr....
Long-term engagement of employees for over 240 days establishes entitlement to regularization, reinforcing the principle against unfair labor practices applicable to public sector employment.
Prolonged continuous service of employees necessitates regularization irrespective of absence of sanctioned posts, reinforcing the obligation of fair employment practices by the state.
Continuous service exceeding ten years entitles the employee to consideration for regularization, requiring adherence to prior court directives and government orders.
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