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2024 Supreme(Bom) 497

SANDEEP V. MARNE
Medical Superintendent , Rural Hospital – Appellant
Versus
Rajashree Lakshman Yadav – Respondent


Advocates appeared:
Ms. Vaishali Nimbalkar, AGP for State-Petitioner; Mr. Suresh Pakale, Senior Advocate with Mr. Nilesh Desai, for Respondents.

Table of Content
1. challenge to interim orders and appointments. (Para 1 , 2 , 3 , 4)
2. arguments on temporary appointment irregularities. (Para 5 , 6 , 7)
3. court's analysis on unfair labor practices. (Para 8 , 9 , 11 , 13 , 18)
4. court's reflection on the validity of respondents' claims for permanency. (Para 10)
5. ratio on conditions for permanency claims. (Para 12 , 16 , 21 , 22)
6. court's conclusion on irregularity of appointments. (Para 34 , 36)

A. The Challenge

1. The State Government has filed these eight petitions through the Medical Superintendents/Civil Surgeons of respective Hospitals and Deputy Director of Health Services, Pune challenging the common Judgment and Order dated 19 June 2022 passed by the Member, Industrial Court, Satara in eight Complaints filed by Respondents alleging unfair labour practices in the matter of their temporary appointments in various hospitals. The Industrial Court has directed continuation of services of Respondents with further directions to grant of benefit of permanency to them.

B. Facts

2. Briefly stated, facts involved in these eight petitions are that the State Government through its Health Department has set up various rural and other ho

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