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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE R.SUBRAMANIAN, MR. JUSTICE G.ARUL MURUGAN, JJ
Registrar, Thiruvalluvar University – Appellant
Versus
Principal Labour Court – Respondent
JUDGMENT :
R.SUBRAMANIAN, J.
All the appeals are at the instance of the University which claims to be aggrieved by the common judgment of the writ Court dated 29.05.2020, wherein the writ Court modified the award of the labour Court directing reinstatement of all the employees with continuity of service while denying them back wages.
The background facts that led to the Industrial Dispute are as follows:-
2. The University which was established on 16.10.2002 under an enactment of the State Legislature viz., the Thiruvalluvar University Act , 2002 was originally established with a sanctioned staff strength of 22 non- teaching staff. The other required staff were engaged by the University on a temporary basis. All these employees were appointed on various dates as temporary employees and it is not in dispute that they have served for quite a long number of years from the date of their appointment till their services were terminated by the University, which led to the industrial disputes being raised in I.D.Nos.61 of 2015 to 108 of 2015 and 110 to 126 of 2015.
3. The workmen were terminated because they went on an illegal strike, when attempts were made by the University to resolve the iss
Long-serving temporary employees may be regularized despite lack of sanctioned posts, emphasizing the need to address unfair labour practices in public institutions.
Labour Law – Unfair labour practice - when similarly situated workmen have been grated permanency by the University, non-granting of the same to the present workmen is nothing but an unfair labour pr....
Temporary employees' termination post-ULP complaint illegal sans compliance; reinstatement upheld sans permanency; backwages limited to 50% pendency, arrears 90 days pre-filing; entitled to minimum p....
Continuous service exceeding ten years entitles the employee to consideration for regularization, requiring adherence to prior court directives and government orders.
Employees with over ten years of service are entitled to regularization under the approved scheme, despite arguments against retrospective application.
Regularization of long-serving daily wager employees is justified even under contractual terms, ensuring fair treatment and benefits based on continuous service.
The refusal of regularization after reinstatement is untenable when termination is deemed illegal under the Industrial Disputes Act.
Employers cannot deny regularization to employees engaged in perennial work, regardless of claims of temporary employment, as such practices violate statutory obligations and constitute unfair labor ....
The court confirmed that permanent employment requires formal appointment procedures, and mere long service does not grant entitlement to regularisation without mandated legal protocols.
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