Back
A. S. SUPEHIA, MAUNA M. BHATT
JADAV JITENDRASINH KARANSINH – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. Admit. Mr. Sahil Trivedi, learned AGP waives service of notice of admission for respondent No. 1 and Mr. Pradip J Patel, learned advocate waives service of notice of admission for respondent No. 2 in Letters Patent Appeal No. 852 of 2023. In Letters Patent Appeal No. 853 of 2023 Mr. Sahil Trivedi, learned AGP waives service of notice of admission for respondent No. 1 and Mr. T.R. Mishra, learned advocate waives notice of admission for respondent Nos. 2 to 25.
2. Both the appeals emanate from the oral judgment dated 06.12.2022 passed by the learned Single Judge in the captioned writ petition. Letters Patent Appeal No. 852 of 2023 has been filed by the original petitioners-employees, wherein the learned Single Judge has refused to grant backwages, whereas Letters Patent Appeal No. 853 of 2023 has been filed by the employer i.e. Chief District Health Officer challenging the order of the learned Single Judge, whereby directions are issued to the State Government to reinstate the employees.
3. At the outset, Mr.Pradip Patel, learned advocate appearing for the appellant – employer has submitted that the learned Single Judge has erred in issuing such directions
Contractual employees do not have a right to continuation of service beyond the term of their contract, as established by legal precedents.
Part-time employees are entitled to minimum pay under the circular but cannot claim continuation of service until superannuation.
Point of Law : Re-engagement of the petitioners after the first contractual period was over will not amount to unfair practice.
The court ruled that termination due to non-renewal of a contractual appointment does not qualify as retrenchment under the Industrial Disputes Act, 1947.
Termination of contractual employment does not equate to retrenchment under Section 2(oo)(bb) of the Industrial Disputes Act, 1947, limiting the right to claim reinstatement.
Contractual employees appointed for specific projects do not have a right to regularization or absorption in permanent positions, as per established Supreme Court precedents.
The main legal point established in the judgment is that the advertisement for appointment of Multipurpose Health Workers and the recruitment rules framed under Section 203 read with Section 323 of t....
Once provisions of Section 25(B) of the Industrial Disputes Act, 1947 have been satisfied by the workman, then Section 25(F) of the Industrial Disputes Act, 1947 is made applicable
Contractual employees cannot claim regularization or a regular pay scale unless stipulated in their contract, and performance assessments are necessary for contract renewal.
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
