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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. Karthikeyan, J
D. Velmurugan – Appellant
Versus
Additional Registrar/Administrator, Tamil Nadu Cooperative Union – Respondent
ORDER :
C.V. Karthikeyan, J.
This Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records relating to an order passed by the first respondent in proceedings dated 09.02.2024 and to quash the same and direct the respondents to permit the petitioner to work as Office Assistant in the third respondent institution.
2. In the affidavit filed in support of the writ petition, it had been contended that the petitioner had been appointed as an Office Assistant in the third respondent institution on 07.04.1997. On 07.04.2004, nearly 7 years after the initial appointment, the third respondent had orally instructed that the petitioner should not enter office. Enquiry was not conducted and there was no allegation of any misconduct on the part of the petitioner. Thereafter, on 27.07.2017, the petitioner again was permitted to joint duty as Office Assistant on daily wages basis. It is claimed that he continuously worked from 1997 to 2004 and again from 2017 till 13.03.2023 when he was again instructed not to attend duty. The petitioner claims that a right had arisen to him since he worked continuously for more than 480 days, that he should be regularised.
3. A counter
The court emphasized the need for fair employment practices and the right to regularization for long-serving temporary employees, as per Supreme Court guidelines.
Continuous long service in essential roles grants employees the right to regularization despite initial contractual labels, promoting equity in employment practices.
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.
Government departments must ensure fair employment practices and cannot exploit temporary workers, especially those with long service, by misapplying legal precedents.
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....
Long-term service in essential duties warrants regularization despite initial temporary classification; termination without just cause violates employment rights.
Longstanding service in public roles warrants regularisation and cannot be arbitrarily denied based on technicalities; constitutional principles require fair treatment of employees.
Regularization of long-serving daily wage employees is mandated after 10 years of service, acknowledging functional continuity despite initial irregularities, violating constitutional rights otherwis....
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