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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. THAKKER
Hathilal Patel – Appellant
Versus
Vitthalbhai Aarjanbhai Bhambhaniya – Respondent
| Table of Content |
|---|
| 1. challenge of regularization of employment. (Para 1 , 2 , 3) |
| 2. arguments against granting permanency. (Para 4 , 5) |
| 3. respondents argue against unfair labor practices. (Para 6) |
| 4. court's analysis of fairness in regularization. (Para 7) |
| 5. petition partly allowed. (Para 8) |
JUDGMENT :
M. K. THAKKER, J.
1. Since the issue raised in these petitions are similar, they are being decided by a common judgment. The facts of Special Civil Application No.16606 of 2021 are taken for the purpose of adjudication.
2. The present petition is filed challenging the award passed by the learned Reference Court dated 05.04.2021, whereby directions were issued to the present petitioner to grant the benefit of regularization on the post of Peon.
3. It is the case of the present petitioner that the dispute was raised before the learned Industrial Court, seeking regularization on the post of Peon or any equivalent post. As per the statement of claim, the respondents have been working since 01.06.2000 and though they had completed 10 years of service, they have not been regularized neither granted the benefit of permanency. The learned Reference Court, considering the submissions made by the learn
Employment law emphasizes the necessity of considering seniority and sanctioned positions in regularization, rejecting claims based solely on length of service.
Regularization of employees must adhere to seniority and position availability, ensuring fairness in employment practices.
Merely because, there is Government Resolution to consider the person who has continuously served for three years being considered for the permanent appointment as Class IV servant, it does not ipso ....
Point of Law : Employment and Service matter - An employee engaged for same work cannot be paid less than another who performs the same duties and responsibilities. Certainly not, in a welfare State.....
Continuous employment in essential roles exhibits grounds for regularization, defying exploitative temporary contracts in violation of constitutional labor rights.
Regularization of service requires proof of unfair labor practices; long service alone does not confer entitlement without due procedure.
Long-term temporary employment in a sanctioned post qualifies employees for regularization when no lawful recruitment process is conducted, affirming their rights and job security.
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