M. K. THAKKER
State Of Gujarat – Appellant
Versus
Daya Hamir Sadiya – Respondent
JUDGMENT :
1. Present petitions are filed under Articles 226 and 227 of the Constitution of India challenging the judgment and award dated 28.03.2016 passed by the learned Industrial Tribunal, Jamnagar in various References on same date, the details of which are stated as under:
2. Special Civil Application No.6786 of 2017 is filed against the judgment and award dated 28.03.2016 passed by the learned Industrial Tribunal, Jamnagar in Reference (IT) No.330 of 2012, whereby the directions were issued to consider the service of the respondent herein as a permanent employee from the date when the respondent completed 240 days of continuous service after joining of the respondent in the year 2006. The respondent sangh issued the demand notice for 14 persons for the purpose of making them permanent employees and giving the benefits of permanency from the date on which they completed 240 days of continuous service. This notice was issued on 21.02.2011 and thereafter on 03.03.2011 the respondents were orally instructed not to resume the duties and their services were terminated. On raising the dispute before the Assistant Labour Commissioner, the dispute remained pending and during that perio
Long-term continuous service of employees necessitates regularization despite initial irregularities, highlighting unfair labor practices by employers.
Prolonged continuous service of employees necessitates regularization irrespective of absence of sanctioned posts, reinforcing the obligation of fair employment practices by the state.
Regularization of service requires proof of unfair labor practices; long service alone does not confer entitlement without due procedure.
Part-time employees cannot claim regularization or parity in salary with regular employees without a sanctioned post, regardless of the length of service.
Long-term engagement of employees for over 240 days establishes entitlement to regularization, reinforcing the principle against unfair labor practices applicable to public sector employment.
Employers cannot deny regularization to employees engaged in perennial work, regardless of claims of temporary employment, as such practices violate statutory obligations and constitute unfair labor ....
Private companies cannot use discretion to justify unfair labour practices, and past financial status as a sick unit does not prevent directions of permanency that may increase financial burden.
Long-serving employees in essential roles are entitled to consideration for regularization despite initial irregular appointments, ensuring fairness and adherence to constitutional principles.
The obligation of the employer to regularise the service of workmen and the prohibition against unfair labour practices under Section 25T of the Industrial Disputes Act 1947.
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
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