Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SIDDHESHWAR S.THOMBRE
State of Maharashtra, Through The Commissioner Of Agriculture – Appellant
Versus
Bhimabai Baban Golde – Respondent
| Table of Content |
|---|
| 1. assailing judgments regarding employee permanency (Para 1 , 2 , 3) |
| 2. evidence of continuous service from employees (Para 4 , 6) |
| 3. legal precedents affirming workers' rights to regularization (Para 5 , 7 , 8) |
| 4. state's duty towards labor and follow-up judgments (Para 9 , 10) |
| 5. final order dismissing writ petitions (Para 11 , 12 , 13) |
JUDGMENT :
SIDDHESHWAR S. THOMBRE, J.
1. Heard. Rule. Rule made returnable forthwith. Heard the petitions finally with the consent of all the parties at the stage of admission.
2. In all these petitions, the petitioners are assailing the judgments and award passed by the learned Member, Industrial Court, Jalna, whereby complaints filed by the employees came to be allowed thereby directing the Petitioner/State to make the respondents/employees permanent on the post of skilled labours from the date of presentation of the complaints. Following table contains the details impugned orders :
3. It was the case of the Complainants that they were appointed and worked as skilled labour as daily wages employees since the dates mentioned in the following table and they have completed more than 240 days of continuous service in the preceding calender y
Prolonged continuous service of employees necessitates regularization irrespective of absence of sanctioned posts, reinforcing the obligation of fair employment practices by the state.
Long-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
Continuous service exceeding ten years entitles the employee to consideration for regularization, requiring adherence to prior court directives and government orders.
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
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 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....
The court mandated regularization for longtime temporary employees, emphasizing that states must adhere to constitutional employment principles regarding service continuity after a decade of service.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
