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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
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 year. They were appointed on sanctioned and vacant posts but the employer/State did not grant them permanency, therefore, they filed complaints before learned Industrial Court, Jalna, where evidence was tendered by all the parties and respondents/employees proved that they have completed 240 days of continuous service in preceding calender year. The da
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.
Long-serving employees in essential roles are entitled to consideration for regularization despite initial irregular appointments, ensuring fairness and adherence to constitutional principles.
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