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M. K. THAKKER
State Of Gujarat – Appellant
Versus
Mantri Shri, Active Labour Association – Respondent
JUDGMENT :
(M.K. Thakker, J.)
1. This petition is filed under Article 226 & 227 of the Constitution of India challenging the award passed by the learned Industrial Tribunal in reference IT No.24 of 2016 dated 01.07.2024 whereby, the directions were issued to regularize the service of the present respondent on the post of Class-IV employee from the date of publication of award and previous period was directed to be consider for notional benefit.
2. It is the case of the petitioner that respondent was initially appointed on part-time basis with Learning Development Centre. However, the Centre was closed and the present respondent was relieved from the service. Challenging the relieving of service, the reference came to be filed being the reference LCA No.445 of 2000 before the Industrial Tribunal, Ahmedabad which was partly allowed vide judgment and award dated 12.02.2008 and the petitioner was directed to reinstate the respondent with continuity of service and 50% back wages.
2.1. Being aggrieved by the above judgment and award, the petition came to be filed before this Court being SCA No.10297 of 2008 which was partly allowed by this Court vide order dated 11.02.2013 and the award w
Employment rights cannot be denied based on initial appointment terms when substantive rights accrue through long-term continuous service and sanctioned posts exist.
An employee's continuous service is recognized once a termination is set aside, impacting their eligibility for regularization despite initial appointment irregularities.
Long-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
An employee's long and continuous service reinforces entitlement to regularization, regardless of initial temporary status, especially when compared to similarly situated colleagues.
The court reaffirmed that long-serving employees, despite irregular appointments, are entitled to regularization, emphasizing the importance of continuity of service without considering minor lapses ....
Long-term service and performance of duties similar to regular employees justify the regularization of daily wage workers, regardless of initial irregular appointment procedures.
Continuous service exceeding ten years entitles the employee to consideration for regularization, requiring adherence to prior court directives and government orders.
The court emphasized that long-serving employees misclassified as part-time should be considered for regularization under applicable government orders, ensuring adherence to principles of natural jus....
Long-term employees engaged in continuous service are entitled to regularization and benefits even post-retirement if their claims remain pending during their service, subject to compliance with appl....
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