Employees with long-term service in essential roles may be regularized despite lacking formal educational qualifications, emphasizing contributions over compliance with procedural norms.

JUDGMENT :

M. K. THAKKER, J.

1. Present petition is filed under Articles 226 and 227 of the Constitution of India challenging the award passed by the learned Labour Court, Jamnagar in Reference IT No.13 of 2018 dated 28.02.2023, whereby the learned Labour Court has awarded the reference in favour of the respondent by granting the benefit of regularization to the Class-III post.

2. It is the case of the present petition that the respondent was serving as a Booking Clerk for Tourism Bus since 12.10.1998 as a daily wager. On completion of service of 20 years, the claim was raised before the learned Labour Court for regularization and the learned Labour Court has awarded the reference as observed hereinabove, which is subject the matter of challenge before this Court.

3. Heard learned advocate Mr. Shah for the petitioner.

4. Learned advocate Mr. Shah at the outset submits that in the identical employees, this Court has passed an order confirming the award passed by the learned Labour Court, which was also upheld by the Hon’ble Division Bench in the Intra Court Appeal. Learned advocate Mr. Shah submits that only differentiate aspect in the present matter is that present respondent is 9^th standard fail and does not possess requisite qualification, therefore, the benefit of regularization, which was claimed, cannot be granted to the present respondent. Learned advocate Mr. Shah has prayed to set aside the impugned award by allowing the present petition.

5. Having considered the arguments advanced by the learned advocate Mr. Shah and on referring the reasons, it emerges that the reference, which was filed claiming the regularization, was awarded by the reference Court by directing the present petitioner to grant the benefit of regularization of Class-III employee from the date of reference i.e. 12.01.2018. The learned Reference Court has further observed that the interregnum period would be considered for the notional benefits and the respondent would not be entitled for any monetary benefits for that period.

5.1 This Court has referred the decision rendered by the Hon’ble Apex Court in the case of Jaggo V/s. Union of India reported in 2024 SCC Online SC 3826, wherein it is held that after completion of the service of more than 10 years, the objection which is raised for non-giving the benefit for regularization with regard to the non-possessing the education qualification, cannot be considered. In this respect, it is relevant to refer para 10 to 17 and 19 to 28 of the above judgment as under:

“10. Having given careful consideration to the submissions advanced and the material on record, we find that the appellants’ long and uninterrupted service, for periods extending well beyond ten years, cannot be brushed aside merely by labelling their initial appointments as part-time or contractual. The essence of their employment must be considered in the light of their sustained contribution, the integral nature of their work, and the fact that no evidence suggests their entry was through any illegal or surreptitious route.

11. The appellants, throughout their tenure, were engaged in performing essential duties that were indispensable to the day-to-day functioning of the ofÏces of the Central Water Commission (CWC). Applicant Nos. 1, 2, and 3, as Safaiwalis, were responsible for maintaining hygiene, cleanliness, and a conducive working environment within the ofÏce premises. Their duties involved sweeping, dusting, and cleaning of floors, workstations, and common areas—a set of responsibilities that directly contributed to the basic operational functionality of the CWC. Applicant No. 5, in the role of a Khallasi (with additional functions akin to those of a Mali), was entrusted with critical maintenance tasks, including gar