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DELHI HIGH COURT
GAURANG KANTH
Karanvir Singh – Appellant
Versus
Dy. General Manager – Respondent
| Table of Content |
|---|
| 1. background of petitioner’s service termination and claims (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. petitioner's arguments against termination and request for regularization (Para 12 , 13 , 14) |
| 3. respondent's arguments supporting the termination and lack of appointment authority (Para 16 , 17 , 18 , 19) |
| 4. court’s analysis on regularization and requirements for proof (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. final ruling on the dismissal of the writ petition (Para 29) |
JUDGMENT
Gaurang Kanth, J. The present petition has been preferred by the Petitioner under Article 226 of the Constitution of India against the award dated 19.07.2004 (hereinafter referred to as "Impugned award") passed by Presiding Officer, Central Government Industrial Tribunal, New Delhi in ID. No. 181/98.
2. Vide the impugned award, the learned Labour Court denied relief to the petitioner since he failed to prove that he was appointed as a Messenger-cum-Water boy through a regular process. Also, learned Labour Court held that the petitioner was unable to establish that he moved an application for absorption in the service in pursuance of the Bipartite Settlement, therefore, is not entitled to
The court's decision emphasized the importance of proving regularisation claims under relevant settlement agreements and upheld the Tribunal's findings based on evidence.
Long-term service in sanctioned positions can warrant regularization despite age limitations in recruitment, emphasizing continuity and eligibility for qualified employees.
The main legal point established in the judgment is that the regularisation of service could only be from the date of the petitioners' appointment in regular service i.e., 03.10.2012, and not from th....
Temporary employees are entitled to regularization from their initial engagement date, ensuring fair treatment and notional fixation of pay, but not to arrears of pay.
Regularization of service requires proof of unfair labor practices; long service alone does not confer entitlement without due procedure.
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
Denial of regularization to a long-serving temporary employee compared to similarly situated employees constitutes discrimination, violating constitutional rights.
The court emphasizes that regularization of temporary employees must adhere to principles of equality and fairness, ensuring parity in treatment for similarly situated employees.
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