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PANKAJ MITHAL, JAVED IQBAL WANI
State of JK – Appellant
Versus
Mushtaq Ahmad Naik – Respondent
JUDGMENT :
Javed Iqbal, J.
1. The instant appeal is directed against Judgment and order dated 15th November, 2017 passed in SWP No. 963/2017 titled as "Mushtaq Ahmad Naik & Ors. v. State of JK & Anr." (hereinafter for short the impugned judgment).
2. Before adverting to the grounds of challenge urged in the appeal against the impugned Judgment, it would be appropriate to give a brief background of the case. The petitioners/respondents herein filed the aforesaid SWP with the following reliefs:
Writ of mandamus commanding the respondents to give retrospective effect to the order of regularization of the petitioners bearing Horticulture Order No. 412/E of 2009, dated 30.12.2009 and give effect to the order of regularization from 01.04.2001.
Writ of mandamus commanding the respondents to pay all the monetary benefits to the petitioners after counting their service for all service benefits w.e.f. 01-04-2001 and make the payments to the petitioners in the grade of Rs.4440-7440 and a
Daily wage employees who meet the eligibility criteria under the Uttar Pradesh Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001, are entitled to be considered for regularizat....
Service rendered as a daily wage worker must be counted for pension and gratuity benefits upon regularization, ensuring non-discrimination and fairness.
There are enough breaks in service of the petitioner-appellant in almost all the years and he has not worked for months together- findings that the petitioner-appellant has not put in seven years of ....
The court established that denying regularization to senior daily wagers while juniors were regularized is unjust, and past service should only count for pension benefits.
The court held that regularization of employees cannot be claimed retrospectively unless supported by sufficient sanctioned posts, reaffirming the discretion of the Corporation in policy matters.
Daily wagers completing seven years continuous service before extended cut-off of 06.11.2001 entitled to regularization under SRO 64 despite post-1994 engagement; vested right survives repeal; unifor....
Point of Law : Court that practice of the respondent Corporation in not regularizing the service of the workmen even though they have completed eight years of service, amounts to unfair labour practi....
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