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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K. THAKKER
Mahuva Nagar Palika – Appellant
Versus
Babubhai Mavjibhai Vasiya – Respondent
| Table of Content |
|---|
| 1. the cases are decided together due to similar issues. (Para 1) |
| 2. the case concerns regularization of employees' posts. (Para 2 , 3) |
| 3. arguments around eligibility and fairness in regularization are presented. (Para 4 , 5) |
| 4. defense of continuous service and equality in pay for work is made. (Para 6) |
| 5. court emphasizes the importance of seniority in regularization. (Para 7) |
| 6. the decision to partly allow the petitions is articulated. (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.18868 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 18.03.2021, whereby directions were issued to the present petitioner to grant the benefit of regularization on the post of Clerk.
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 Clerk or any equivalent post. As per the statement of claim, the respondents have been working since 03.04.1996 and though they had c
Regularization of employees must adhere to seniority and position availability, ensuring fairness in employment practices.
Employment law emphasizes the necessity of considering seniority and sanctioned positions in regularization, rejecting claims based solely on length of service.
The court established that unequal treatment in employment regularization, despite available posts, constitutes an unfair labor practice under the Industrial Disputes Act.
Regularization of service requires proof of unfair labor practices; long service alone does not confer entitlement without due procedure.
The obligation of the employer to regularise the service of workmen and the prohibition against unfair labour practices under Section 25T of the Industrial Disputes Act 1947.
The duty of the employer to seek sanctioned set-up to accommodate workmen for permanency benefits when the work performed is of a perennial nature.
Prolonged continuous service of employees necessitates regularization irrespective of absence of sanctioned posts, reinforcing the obligation of fair employment practices by the state.
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....
Long-term service in sanctioned positions can warrant regularization despite age limitations in recruitment, emphasizing continuity and eligibility for qualified employees.
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