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IN THE HIGH COURT AT CALCUTTA
Sujoy Paul, Partha Sarathi Sen
Union of India – Appellant
Versus
Pannalal Thakur – Respondent
| Table of Content |
|---|
| 1. factual background of employment status. (Para 2) |
| 2. controversy surrounding the regularization requests. (Para 3 , 4) |
| 3. department's arguments against regularization based on previous judgments. (Para 6 , 7 , 8 , 9 , 10) |
| 4. respondent's support for the tribunal's decision. (Para 11 , 12 , 13 , 14) |
| 5. arguments challenging the department's stance, referencing various judgments. (Para 15 , 16 , 17 , 18) |
| 6. court's observations on factual similarities among employees. (Para 22 , 23 , 24 , 25 , 26) |
| 7. judgment reflecting on exploitation practices and employee rights. (Para 27 , 28 , 29 , 30 , 31) |
| 8. final dismissal of writ petitions. (Para 32) |
JUDGEMENT :
SUJOY PAUL, ACJ.
1. These two petitions under Article 226/227 of the Constitution assails the order of Central Administrative Tribunal (Tribunal) dated 18.11.2016 passed in O.A. No.817 of 2015 and O.A. No.818 of 2015 thereby allowing the applications of respondents/applicants.
FACTUAL BACKGROUND
2. The facts are taken from WP. CT 160 of 2017. The respondent/applicant, Pannalal Thakur was initially engaged as Casual Labour in 1987 and continued till 1994. Pannalal Thakur alongwith other co-employee filed O.A. No.1153 of 1994 f
The court affirmed that irregular appointments can be considered for regularization based on length of service, regardless of procedural delays, emphasizing fairness and equitable treatment in public....
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
Long-serving casual employees (25+ years) in perennial roles entitled to regularization despite irregular initial engagement, with parity to similarly regularized peers; CAT has jurisdiction; violate....
Long continuous service (>10 years) as daily wagers on perennial essential duties entitles regularization consideration despite irregular initial engagement; distinguishes irregular from illegal appo....
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