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M. G. S. KAMAL
Baligar Chandbi W/o. Baligar Khaja Mainuddin – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
1. The State and its instrumentalities, who are expected to act as “model employers” are finding one after the other reason not only to brazenly flout the constitutional mandate, which they are obligated to uphold and implement in the process of public employment, but also have systematically engaged, to say the least, in conscious exploitation and abuse of constitutional and statutory rights conferred on the citizens seeking public employment. Present case is a classic example of such brazen act. Stance adopted by the State and its instrumentalities, when questioned, is making bold in defending its action with its usual leitmotif of complete denial of existence of privity of contract and relationship of employer and employee, thereby leaving the employee at lurch without any statutory protection even after having made them to work for over a decade. This after series of cautions and deprecations by the Apex Court and various High Courts all of which have fallen on its deaf ear.
2. THE CASE OF THE PETITIONER:
(a) The petitioner in this case had apparently entered into an agreement dated 09.05.2014 with certain Man Power Serving Agency known as M/s. Smart Detective and Allied S
The court reinforced that outsourcing cannot negate statutory employment rights, ensuring entitlement to maternity benefits under the Maternity Benefit Act, 1961, for employees working through contra....
Contractual employees are entitled to maternity benefits extending beyond the contractual period, as per the Maternity Benefit Act, recognizing women's rights irrespective of employment status.
Learned Single Judge was right in directing reinstatement with 25% back wages and it also observed that the grant of full back wages would be appropriate remedy and also held that learned Single Judg....
Point of Law : According to Article 42 of Constitution of India, “State is required to make provision for securing just and humane conditions of work and for maternity relief”.
Temporary and contractual employees cannot claim regularization based solely on long service without following established recruitment procedures as mandated by the Constitution.
Denial of maternity leave to female employees on contract basis violates their constitutional rights to life and equality, mandating equal maternity benefits for all women.
The State must uphold fair employment practices, ensuring that longstanding contractual employees receive regularization if their roles are recurring and essential to the organization.
Contractual employees entitled to maternity benefits under Maternity Benefit Act if 80-day qualifying period met; Section 27 overrides inconsistent contracts, ensuring statutory protections prevail o....
Petitioners are entitled for minimum time scale of pay and they are bound to serve during regular office hours of an employee on par with regular employees of the same cadre. Therefore, the petitione....
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