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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.THAKKER
Chief Officer, Dhoraji Nagarpalika – Appellant
Versus
Secretary, Saurastra Majoor Mahajan Sangh – Respondent
| Table of Content |
|---|
| 1. challenge to tribunal's order on permanency. (Para 1 , 2) |
| 2. contentions against regularization claims. (Para 4 , 5) |
| 3. evidence supporting the claim for regularization. (Para 6 , 7 , 8 , 9) |
| 4. importance of uninterrupted service for regularization. (Para 10) |
| 5. final judgment: reinstatement and regularization of services. (Para 11 , 12) |
JUDGMENT :
M. K. THAKKER, J.
1. This petition is filed challenging the order passed by the learned Industrial Tribunal, Rajkot in Reference (IT) No.55 of 2019 dated 20.01.2023, whereby the learned Tribunal has granted the benefit of permanency to the respondent from the date on which the respondent completed 240 days of service. The Tribunal has further directed that the interregnum period shall be considered for notional benefits.
2. It is the case of the present petitioner that the respondents had joined the petitioner–Municipality on the post of driver on a daily wage basis in the year 1995. Respondent No.1, namely Vinod Kumar Nathalal Tatamiya, joined on 01.05.1997, and Jitendra Kishanbhai Sondarwa joined on 09.10.1995. Their services came to be terminated by the petitioner, which was challenged by filing Reference (LCR) No.355 of 2
Long-term service in essential roles warrants regularization despite procedural irregularities; employment rights must be upheld in fairness.
Long-term service in essential duties warrants regularization despite initial temporary classification; termination without just cause violates employment rights.
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....
Continuous service by employees performing essential duties can warrant regularization despite procedural irregularities in their initial appointments.
Regularization of long-serving daily wager employees is justified even under contractual terms, ensuring fair treatment and benefits based on continuous service.
Employees with long-term service in essential roles may be regularized despite lacking formal educational qualifications, emphasizing contributions over compliance with procedural norms.
(1) Regularisation of temporary employees – Appellants’ long and uninterrupted service for periods extending well beyond ten years, cannot be brushed aside merely by labelling their initial appointme....
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