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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.THAKKER
Dwarka Nagarpalika Through Chief Officer Shree President Shree – Appellant
Versus
Rajesh Chhaganlal Raittha – Respondent
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 9th sta
Employees with long-term service in essential roles may be regularized despite lacking formal educational qualifications, emphasizing contributions over compliance with procedural norms.
Continuous service by employees performing essential duties can warrant regularization despite procedural irregularities in their initial appointments.
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....
The court held that long-term employees engaged in essential tasks are entitled to regularization despite initial irregular appointments, emphasizing fair employment practices.
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.
Regularization of long-serving daily wager employees is justified even under contractual terms, ensuring fair treatment and benefits based on continuous service.
Regularization of long-serving daily wage employees is mandated after 10 years of service, acknowledging functional continuity despite initial irregularities, violating constitutional rights otherwis....
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