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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
Shivaji S/o Narayan Savadatti – Appellant
Versus
Chairman, Life Insurance Corporation of India – Respondent
| Table of Content |
|---|
| 1. petitioners seek regularization of employment. (Para 1 , 3 , 4) |
| 2. supreme court's directions regarding compensation. (Para 5 , 6 , 8) |
| 3. pending curative petitions impact current petitioners. (Para 7 , 9) |
| 4. order to dismiss petitions while considering pending issues. (Para 10) |
ORDER :
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioners in both these petitions are before this Court seeking the following reliefs:
“1. To issue a writ, order or direction particularly in the nature of the Writ of mandamus, to order and direct the respondents to regularize the services of the Petitioners herein as employees of the Respondent Corporation being Life Insurance Corporation of India through a scheme similar to the one as enumerated in Annexure-A dated 18.01.2011.
2. To direct the respondent Corporation to consider formulation of a scheme as per what was envisaged in the Judgment of the Hon’ble Supreme Court of India in Secretary, State of Karnataka V/s Uma Devi & Ors. (2006) 4 SCC 1 vide Annexure-D.
3. To issue directions and such other order as this Hon’ble Court deems fit directing the Respondent Corporation not to engage any temporary employees or Badli/Daily
Monetary compensation in lieu of job regularization is affirmed for eligible employees based on past judicial directives, while regularization through verification processes is mandated for historica....
The Umadevi principle governs regularization of irregularly appointed employees, and any direction for regularization must be in line with this principle.
The main legal point established in the judgment is that the regularisation of service could only be from the date of the petitioners' appointment in regular service i.e., 03.10.2012, and not from th....
Long-term service in sanctioned positions can warrant regularization despite age limitations in recruitment, emphasizing continuity and eligibility for qualified employees.
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....
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
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