Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.THAKKER
Chief Officer, Una Nagarpalika – Appellant
Versus
President, Garvi Gujarat General Kamdar Mandal – Respondent
| Table of Content |
|---|
| 1. challenge against labour court's directions on permanency. (Para 1 , 2) |
| 2. arguments regarding recruitment rules and past reinstatements. (Para 4 , 5) |
| 3. court's reasoning on regularization of long-serving employees. (Para 6 , 7) |
| 4. classifying roles as perennially essential for employment status. (Para 8 , 10) |
| 5. decision to quash termination and regularize employees. (Para 9 , 11) |
JUDGMENT :
M. K. THAKKER, J.
1. The present petition has been filed challenging the order dated 30.06.2023 passed by the learned Labour Court, Junagadh, in Reference No. 4 of 2015, whereby directions were issued to the present petitioner to grant the benefit of permanency upon completion of 240 days from the date of the respondent’s initial appointment, i.e., 09.02.2000, to fix the regular pay scale, and to treat the benefits for the interregnum period as notional.
2. It is the case of the petitioner that the respondent was appointed on a daily-wage basis with the petitioner on 09.06.2000, and his services came to be terminated on 26.09.2002. The said termination was challenged by filing Reference No. 42 of 2003, which was partly allowed in favour of the respondent on 13.08.2012, whereby dire
Long-term service in essential duties warrants regularization despite initial temporary classification; termination without just cause violates employment rights.
Long-term service in essential roles warrants regularization despite procedural irregularities; employment rights must be upheld in fairness.
Continuous service by employees performing essential duties can warrant regularization despite procedural irregularities in their initial appointments.
Employees with long-term service in essential roles may be regularized despite lacking formal educational qualifications, emphasizing contributions over compliance with procedural norms.
The court held that long-term employees engaged in essential tasks are entitled to regularization despite initial irregular appointments, emphasizing fair employment practices.
The court recognized that long-standing employees performing essential duties are entitled to regularization despite initial temporary designations, emphasizing fairness in employment due to sustaine....
Regularization of long-serving daily wager employees is justified even under contractual terms, ensuring fair treatment and benefits based on continuous service.
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
