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M. K. THAKKER
State Of Gujarat – Appellant
Versus
Ahmed Mahammad Shiyani – Respondent
JUDGMENT :
M. K. Thakker, J.
1. By filing this petition under Articles 226 and 227 of the Constitution of India, the State of Gujarat has challenged the award passed by the learned Industrial Tribunal, Junagadh in Reference (IT) No.325 of 2012 (old case No.68 of 2011) dated 28.03.2016 by which, the learned Industrial Tribunal has ordered to consider the respondent as permanent from the date when the respondent completed 240 days of continuous service after joining of the respondent in the year 1996. As per the claim of the respondent, the respondent was appointed in the year 1996 at Ranavav, District Junagadh. Thereafter, in the year 1998 Ranavav Taluka became a part of Porbandar District after its bifurcation therefore, they were considered as a sweeper from the year 1998 in the Porbandar District.
2. It was stated in the statement of claim that there is a permanent sanctioned post, which is vacant and the work, which was taken from the present respondent was perennial in nature and though they were continued since long, they were not paid less than minimum wages. On giving the demand notice seeking permanent status, the petitioner has terminated the service of the respondent therefo
Part-time employees cannot claim regularization or parity in salary with regular employees without a sanctioned post, regardless of the length of service.
Part-time employees cannot claim regularization or equal pay unless appointed against sanctioned posts, as per established legal precedents.
Point of law: Doctrine of equal pay for equal work, as adumbrated under Article 39(d) of the Constitution of India read with Article 14 thereof, cannot be applied in a vacuum. The constitutional sche....
Part-time employees cannot be regularised without a sanctioned post and proper recruitment process, as established by Supreme Court precedents.
Prolonged continuous service of employees necessitates regularization irrespective of absence of sanctioned posts, reinforcing the obligation of fair employment practices by the state.
Merely because, there is Government Resolution to consider the person who has continuously served for three years being considered for the permanent appointment as Class IV servant, it does not ipso ....
Regularization of employment should adhere to specific government policies, with part-time employees not entitled to claim rights reserved for full-time roles.
Long-term continuous service of employees necessitates regularization despite initial irregularities, highlighting unfair labor practices by employers.
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