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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.THAKKER
Chief Officer, Bagsara Nagarpalika – Appellant
Versus
Navneet Kumar Bhanjibhai Parmar – Respondent
JUDGMENT :
M. K. THAKKER, J.
1. Rule returnable forthwith. Learned advocate Mr. Mishra waives service of rule on behalf of the respondents.
2. This petition is filed under Articles 226 and 227 of the Constitution of India challenging the award passed by the learned Industrial Tribunal, Bhavnagar in Reference (IT) No.161 of 2000 dated 20.08.2018, whereby the learned Reference Court has allowed the reference filed by the respondents seeking the benefit of the regularization and it was directed present petitioner to grant the said benefits from 19.12.2000 and the interregnum period was directed to be considered for notional benefits.
3. Gist of the case is that the respondents were working as a daily wagers Peon in the Octroi Department of petitioner- Municipality from 1999. The reference came to be filed being Reference IESO No.22 of 1999 before the learned Industrial Tribunal, wherein the stay was granted against the termination. Thereafter, the Regular Civil Suit No.12 of 2000 was filed before the learned Civil Judge, Basgsara-Vadiya, seeking stay against the apprehended termination, which was granted by the learned Civil Court on 09.01.2000. The said stay was granted for a period of 1
The court held that long-term employees engaged in essential tasks are entitled to regularization despite initial irregular appointments, emphasizing fair employment practices.
Continuous service by employees performing essential duties can warrant regularization despite procedural irregularities in their initial appointments.
Long-term service in essential roles warrants regularization despite procedural irregularities; employment rights must be upheld in fairness.
Employees with long-term service in essential roles may be regularized despite lacking formal educational qualifications, emphasizing contributions over compliance with procedural norms.
Long-term service in essential duties warrants regularization despite initial temporary classification; termination without just cause violates employment rights.
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.
Long-serving employees in essential roles are entitled to consideration for regularization despite initial irregular appointments, ensuring fairness and adherence to constitutional principles.
Regularization of long-serving daily wage employees is mandated after 10 years of service, acknowledging functional continuity despite initial irregularities, violating constitutional rights otherwis....
Long-standing service without a formal appointment does not deny employees the right to regularization; discriminatory treatment of similarly situated employees violates principles of equity and fair....
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