Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.Thakker
Karjan Municipality Through Its Chief Officer Mahendrakumar Ambelal Solanki – Appellant
Versus
Gujarat Pradesh Municipal Karmchari Mahasangh – Respondent
JUDGMENT :
M. K. Thakker, J.
1. This petition is filed under Articles 226 and 227 of the Constitution of India challenging the award passed by the learned Labour Court dated 20.09.2024 in Reference Demand No.16 of 2024, whereby the learned Labour Court has directed to regularize the service of 4 employees and to pay the benefit of regularization from the date of award and the interregnum period was ordered to consider for notional benefits.
2. It is the case of the present petitioner that the 20 employees have preferred the reference seeking the regularization on the ground that though there is a vacant post available as well as they are working since more than 10 years, their services were not regularized and though work, which was carried out by the respondent, who was permanent in nature, by not filling up the vacant post, the unfair labour practice has been adopted. Learned Reference Court, on considering the evidence adduced by both the parties as well as on relying on the decision rendered by the Hon’ble Apex Court in the Case of Umrala Gram Panchayat vs The Sec.Municipal Employee Union , has awarded the reference in favour of the petitioner, which is the subject matter of the c
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.
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.
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.
Regularization of long-serving daily wage employees is mandated after 10 years of service, acknowledging functional continuity despite initial irregularities, violating constitutional rights otherwis....
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
