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RAVI NATH TILHARI, KIRANMAYEE MANDAVA
Chairman And Managing Director – Appellant
Versus
P. Nagendra – Respondent
JUDGMENT :
(Ravi Nath Tilhari, J.)
Heard Sri Y.V. Ravi Prasad, learned Senior counsel assisted by Sri Anup Koushik, learned counsel for the appellants and Sri Jayanthi, S.C. Sekhar, learned counsels for the respondents in all the writ appeals.
2. Writ Appeal Nos.310, 311, 312 and 313 of 2024 have been filed challenging the common judgment dated 31.01.2024, passed by the learned single Judge in W.P.No.15794 of 2010, W.P.No.32917 of 2010, W.P.No.15272 of 2010, W.P.No.33147 of 2010 respectively.
3. The challenge is on the same ground and same arguments have been advanced by both the sides as such all these writ appeals are being decided by this common judgment.
I. Facts Writ Petitioners’ case:
W.A.No.310 of 2024:
4. The case of the writ petitioners of this writ appeal briefly stated was as under:-
4.1. The 1st writ petitioner P. Nagendra was engaged as driver in the respondents Industry in the month of February, 1991 and since then he has been continuously, un-interruptedly without any break, working in the respondents industry. From 26.02.1991 to 1996 he was directly engaged without any middle man. For about three years the petitioner No.1 has been treated as contract worker. For every
Establishing an employer-employee relationship is essential for regularization claims; contract-based employment does not create inherent rights to permanent status.
The court emphasizes that regularization of temporary employees must adhere to principles of equality and fairness, ensuring parity in treatment for similarly situated employees.
Point of law: Service Law - Contractual employment - Regularization of Service - Having applied for appointment to various posts pursuant to a notification of 2019 and being unsuccessful (except one ....
The court upheld the Tribunal's awards for employee regularization, emphasizing the prohibition of unfair labor practices under the Industrial Disputes Act, while clarifying the need for state approv....
Contractual employees may not claim regularization based on prolonged service or failed applications for higher posts, as employment must adhere to constitutional recruitment mandates.
Contractual employees cannot claim regularization as a matter of right; their employment is project-based and temporary, governed by specific contractual terms.
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