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SANJAY KUMAR MEDHI
Pranjal Dutta, S/o. Sri R. K Dutta – Appellant
Versus
Union Of India – Respondent
Three petitioners have joined together in this petition filed under Article 226 of the Constitution of India with the primary contention and claim relating to regularisation of their service.
2. The facts projected in the petition are narrated briefly as hereunder.
3. The petitioners are having the qualification to be appointed as Graduate Teachers. The erstwhile Hindustan Fertilizer Corporation Limited (HFCL) was having a School in its campus at Namrup and pursuant to a recruitment drive, the names of the petitioners which were enrolled with the concerned Employment Exchange were forwarded. Pursuant to such forwarding, in the year 1994, the petitioners were appointed, however for a limited period of 40 days. It is the case of the petitioners that such appointments were extended from time to time and as on date, the petitioners have completed more than 30 years of service. Subsequently, the duration of the appointment was enhanced from 40 days to 6 (six) months. The issue regarding regularisation of their service was taken up by the petitioners through the Regional Labour Commissioner, Dibrugarh in the year 2014 and there was a proposal to the Management to fill up the existing perm
Recognition of a recognized selection process, continuous service, and existence of sanctioned posts support the claim for regularisation, and exploitation of labor is not permissible under the law.
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
Long service on a contractual basis does not confer a right to regularization or equal pay as per established legal principles.
Mere length of service does not vest an employee with a right to seek regularization, especially in the absence of any specific policy. The framing of a scheme for regularization is the prerogative o....
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
The court directed the relevant authorities to consider the petitioners' request for regularization of service within a stipulated timeframe.
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