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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, L. S. PIRZADA
Port Officer – Appellant
Versus
Secretary – Respondent
ORDER :
BHARGAV D. KARIA, J.
1. Heard learned advocate Ms.Sejal K. Mandavia for the appellant and learned advocate Mr.U.T.Mishra for learned advocate Mr.T.R.Mishra for the respondent.
2. This Appeal is filed under Clause 15 of the Letters Patent, 1865 against the Judgment and Order dated 28th March, 2017 passed in Special Civil Application No.756 of 2017.
3.1. The appellant-original petitioner challenged the Judgment and Award dated 29th August, 2016 passed by the Industrial Tribunal, Jamnagar (for short ‘the Tribunal’) in Reference (IT) No.164 of 2012 in Special Civil Application. By the Judgment and Award passed by the Tribunal, the services of the respondent-workman was ordered to be regularised as Electrician with effect from the date on which he completed 240 days of service and all consequential benefits were also ordered to be granted, however, the Tribunal also ordered that the respondent- workman would not be entitled to any monetary benefit and arrears from the date of appointment in the service till the date of the Award and the same was ordered to be considered as notional.
3.2. The learned Single Judge, after considering the submissions made by both the sides, dismissed the
Employers cannot deny regularization to employees engaged in perennial work, regardless of claims of temporary employment, as such practices violate statutory obligations and constitute unfair labor ....
The court confirmed that permanent employment requires formal appointment procedures, and mere long service does not grant entitlement to regularisation without mandated legal protocols.
The court upheld the Tribunal's awards for employee regularization, emphasizing the prohibition of unfair labor practices under the Industrial Disputes Act, while clarifying the need for state approv....
Regularization of service requires proof of unfair labor practices; long service alone does not confer entitlement without due procedure.
Long-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
The court reaffirmed that long-serving employees, despite irregular appointments, are entitled to regularization, emphasizing the importance of continuity of service without considering minor lapses ....
The court affirmed that prolonged employment of daily wagers without regularization constitutes unfair labor practice, necessitating their regularization under the Industrial Disputes Act.
The court affirmed that prolonged employment without regularization constitutes unfair labor practice, mandating permanent status and equal pay for work of similar nature.
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
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