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IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, SMITA DAS DE
Ujjwal Maji – Appellant
Versus
Chairman Damodar Valley Corporation (Dvc) – Respondent
| Table of Content |
|---|
| 1. arguments regarding service recognition and right to regularization. (Para 4 , 5 , 6) |
| 2. arguments regarding wrongful dismissal of regularization rights. (Para 12) |
| 3. established need for merit-based consideration of regularization claim. (Para 25) |
| 4. need for fresh review of regularization claims. (Para 29 , 30) |
JUDGMENT :
1. With the consent finally heard.
order based on regularization claim." data-para-type="facts" id="2">2. In this intra court appeal the challenge is mounted to the original order of learned Single Judge dated 28.11.2023 passed in WPA 16 of 2023 whereby relief claimed by the appellant regarding regularization is turned down. The appellant then filed the application for recalling of the said order which was also dismissed on 12th July, 2024.
order based on regularization claim." data-para-type="facts" id="3">3. Aggrieved by both the orders, the present intra court appeal is filed.
4. The learned counsel for the appellant submits that the impugned order is pregnant with number of factual errors. For example, the appellant was treated as a casual/badly employee. It is mentioned that he has only worked for some days. He was engaged from time to time etc.
5
The court ruled that employees are entitled to regularization claims even if they do not fall under the Industrial Disputes Act's framework, emphasizing their rights after extended service.
Point of Law : Industrial Tribunal lacks jurisdiction to pass an award in the present matter, still, this Court exercising its power under writ jurisdiction would not set aside the award.
The court established that reinstatement with back wages is not automatic for ad-hoc workers and that compensation may suffice if formal appointment procedures are not followed.
Employees with over ten years of service are entitled to regularization under the approved scheme, despite arguments against retrospective application.
The Industrial Tribunal can regularize services of workmen if unfair labor practices are established, even in the absence of sanctioned posts.
The main legal point established in the judgment is that a workman's reinstatement under a tripartite settlement does not necessarily deprive the workman of the right to claim regularization, especia....
The right to regularization and associated benefits survives posthumously, enabling legal heirs to pursue claims based on wrongful termination and continuity of service.
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