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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Damodar Valley Corporation through its Chairman – Appellant
Versus
Their Workmen represented by DVC Staff Association, Dhanbad Unit – Respondent
JUDGMENT :
This writ petition has been filed on behalf of the Management Company for issuance of appropriate writ in the nature of Certiorari for quashing the order of the Reference made by the Government vide notification No. 3/D1-18029/96-L.E. & T.-934, and to set aside the Award dated 29.04.2006 passed by the learned Presiding Officer, learned Industrial Tribunal, Ranchi in Ref. Case No.9/96.
2. In brief, the case of the Management of Damodar Valley Corporation (for short Management- D.V.C.), as stated in its written statement, is that there was no material before the State Government and the State Government without applying its mind and without being satisfied, referred the dispute for adjudication and the reference has been made on misrepresentation of facts and misconception, hence the reference is bad in law.
It is further stated that there is no employer-employee relationship between the parties. It is further case of the management that the concerned workers are not casual workers employed directly by the D.V.C. rather they are workers of Contractors and they work on the job contract system under the control and supervision of one Gang Leader. They choose the Gang Leader fro
Regularization of long-serving daily wager employees is justified even under contractual terms, ensuring fair treatment and benefits based on continuous service.
Long-serving employees in essential roles cannot be denied regularization and benefits due to initial irregularities in appointment, as per Articles 14 and 16 of the Constitution.
Long-standing service without a formal appointment does not deny employees the right to regularization; discriminatory treatment of similarly situated employees violates principles of equity and fair....
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
Long-serving employees in essential roles are entitled to consideration for regularization despite initial irregular appointments, ensuring fairness and adherence to constitutional principles.
Regularization of employees with irregular appointments who have served for a significant duration is constitutionally mandated when they fulfill essential duties, emphasizing equity and justice in p....
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