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P. VELMURUGAN, K. K. RAMAKRISHNAN
Management, Tamil Nadu Transport Corporation Employees Cooperative Store Limited, Madurai – Appellant
Versus
Labour Inspector, Office of the Deputy Commissioner of Labour, TNHB Office Building, Ellisnagar, Madurai – Respondent
JUDGMENT :
(Order of the Court was made by P.VELMURUGAN.,J)
The Writ Appeal is directed against the order of the learned Single Judge this Court made in W.P.No.17955 of 2016, dated 2.3.2018.
2.The second respondent gave an application before the first respondent for regularization of his service and the first respondent also considering his application, passed an order in E/4457/2015 CPS NO.12 of 2015, dated 24.3.2016. The Writ Court, after considering the case of both the Petitioner and respondent, partly allowed the Writ Petition and modified the order passed. Challenging the said order of the Writ Court, the Management has filed the present Writ Appeal.
3. The case of the appellant is that the appellant is a Cooperative institution registered under the provisions of the Tamil Nadu Co-operative Societies Act and the Rules framed thereunder. The appellant is having registered bye-laws with regard to the constitution, member, object and other affairs of the stores and also having special bye-laws relating to service conditions of the employees of the stores. If any application is made in the appellant store to obtain cadre strength of the vacant place, it should be filled up only throu
The court ruled that an appointment made without proper qualifications and procedures, constituting a backdoor entry, cannot confer rights to permanency under the Tamil Nadu Industrial Establishments....
Point of law : Contractual appointment - If the workman is retrenched by an oral order or communication or he is simply asked not to come for duty, the employer will be required to lead tangible and ....
Appointments not being sponsored by the employment exchange, as prescribed under Rule 149(2) of the Rules, would only make the appointments irregular and not illegal.
Regularization of illegal appointments and entitlement to monetary benefits must be determined in accordance with the statutory provisions, relevant case laws, and government orders. Part-time employ....
Irregular appointment and non-compliance with Recruitment Rules can disentitle an employee from seeking the benefit of regularisation.
The main legal point established in the judgment is that the Permanent Status Act and the Industrial Disputes Act are not applicable to appointments made in an illegal manner, and adherence to cadre ....
Irregular appointments may be regularized after prolonged continuous service, as technical grounds cannot undermine substantive employment rights.
An appointment made on the basis of administrative exigency and not vitiated by faults such as nepotism, bias, or malafides, could be regularized. Regularization cannot be a mode of recruitment, and ....
Longstanding service in public roles warrants regularisation and cannot be arbitrarily denied based on technicalities; constitutional principles require fair treatment of employees.
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