NELSON SAILO
Arabinda Boro S/O Late Deben Boro Bensimari – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Heard Mr. P. J. Phukan, learned counsel for the review petitioner and Mr. S.P. Choudhury, learned counsel for the respondents.
2. This is a review petition filed by the petitioner against the Judgment and Order dated 26/08/2022 passed in WP(C) no. 301/2014. The grounds for filing the instant review petition has been cited mainly in paragraph nos. 4, 5, 6, 7 and 8 of the review petition and the same has been extracted there from for ready perusal.
Somesh Thapliyal V. HNB Garhwal University (2021) 10 SCC 116
Haryana V. Piara Singh (1992) 4 SCC 118
A temporary employee cannot be replaced by another temporary employee; regularization is only possible if the employee is eligible and qualified according to the rules.
Upon due consideration of the matter in its entirety and in view of the findings arrived at herein above, the petitioner cannot be said to have a legitimate grievance and accordingly, the writ petiti....
The court established that adherence to merit assessment and natural justice is essential in employment termination processes.
Regularization of service for daily wage employees must adhere to principles of equality and previous judicial decisions supporting entitlement after sufficient service, regardless of breaks.
The main legal point established in the judgment is that contract employees, who have worked for a significant period and possess the necessary qualifications, are entitled to seek regularization of ....
Prolonged temporary employment in essential roles undermines workers' rights; continuous service mandates regularization, countering exploitative practices.
State employment practices must not exploit temporary contracts for permanent roles, as established by previous Supreme Court rulings advocating job security and regularization for long-term workers.
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