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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
M.NAGAPRASANNA
Dasarath Lakshman Gumachanamaradi, S/o. Lakshman – Appellant
Versus
State Of Karnataka, Rep By Its Secretary, Department Of Water Resources – Respondent
| Table of Content |
|---|
| 1. petitioner's long service and termination details. (Para 1 , 3 , 10) |
| 2. violation by employer in not complying with labour court orders. (Para 4 , 12 , 13) |
| 3. arguments for regularization based on discrimination. (Para 5 , 6 , 7 , 8 , 16) |
| 4. court's critical observations on petitioner's claim. (Para 9 , 11 , 15 , 17) |
| 5. determination of entitlements for regularization. (Para 14 , 19) |
ORDER :
M.NAGAPRASANNA, J.
1. The petitioner is before this Court seeking a direction to the respondents to consider his case for regularisation of service from the date on which he completed ten years with all consequential benefits.
2. Heard Sri Ranganatha S. Jois and Sri S.Y. Rodagi, learned counsel for the petitioner, Smt. Girija S. Hiremath, learned counsel for respondent Nos.1 and 2 and Sri Aravind D. Kulkarni, learned counsel for respondent Nos. 3 to 6.
3. The facts in brief germane are as follows:
The petitioner joins the service of respondent No.6 as a heavy mazdoor (Group-D) on daily wages with effect from 19.01.1977. He is said to have worked continuously until 02.04.1989, when he was orally terminated without assigning any reasons and without any enquiry.
4. The petitioner challenge
Long-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
The court reaffirmed that long-serving employees, despite irregular appointments, are entitled to regularization, emphasizing the importance of continuity of service without considering minor lapses ....
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
Continuous service exceeding ten years entitles the employee to consideration for regularization, requiring adherence to prior court directives and government orders.
Long-standing service without a formal appointment does not deny employees the right to regularization; discriminatory treatment of similarly situated employees violates principles of equity and fair....
Regularization of employees with irregular appointments who have served for a significant duration is constitutionally mandated when they fulfill essential duties, emphasizing equity and justice in p....
Regularization of long-serving daily wage employees is mandated after 10 years of service, acknowledging functional continuity despite initial irregularities, violating constitutional rights otherwis....
Long-term employees engaged in continuous service are entitled to regularization and benefits even post-retirement if their claims remain pending during their service, subject to compliance with appl....
Long-term employees, fulfilling essential duties, are entitled to regularization after 10 years of service despite irregular appointments, emphasizing fairness and preventing exploitation.
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