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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M.NAGAPRASANNA
Mallappa Balappa Akkannavar S/o Balappa Akkannavar – Appellant
Versus
State of Karnataka – Respondent
ORDER :
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 joined the service of respondent No.5 as a heavy mazdoor-watchman (Group-D), on daily wages, with effect from 19.09.1979. He is said to have worked continuously until 1984, when he was orally terminated without any reasons assigned and without any enquiry.
4. The petitioner challenged this termination before the Labour Court by way of Reference No.46/1997. The appropriate Government referred the matter for adjudication, asserting that the dispute subsisted on the date of reference.
5. The Labour Court, by its award dated 12.08.1998, allowed the reference. It directed the petitioner’s reinstatement without back wages, but confirmed continuity of service. Respondent No. 5 subsequently filed
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-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
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 long-serving daily wage employees is mandated after 10 years of service, acknowledging functional continuity despite initial irregularities, violating constitutional rights otherwis....
Continuous service exceeding ten years entitles the employee to consideration for regularization, requiring adherence to prior court directives and government orders.
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....
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
Long-serving employees in essential roles are entitled to consideration for regularization despite initial irregular appointments, ensuring fairness and adherence to constitutional principles.
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....
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