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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Bauribandhu Jena – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. initial court procedures for the hearing. (Para 1 , 2) |
| 2. challenging the rejection of regularization claim. (Para 3 , 4) |
| 3. petitioner's arguments against interim order reliance. (Para 5) |
| 4. opposing counsel acknowledges historical engagement. (Para 6) |
| 5. court's analysis and decision on claim validity. (Para 7) |
| 6. final direction for regularization of services. (Para 8) |
JUDGMENT :
BIRAJA PRASANNA SATAPATHY, J.
1. This matter is taken up through Hybrid Mode.
2. Heard Mr. B.S. Tripathy-1 learned Sr. Counsel appearing for the Petitioner along with Mr. A. Tripathy, learned counsel and Mr. P.K. Panda, learned Addl. Standing Counsel appearing for the Opp. Parties.
3. The present writ petition has been filed inter alia challenging order dtd.01.03.2021 so passed by Opp. Party No. 1 under Annexure-9, wherein claim of the Petitioner to get the benefit of regularization was rejected.
4. Learned counsel appearing for the Petitioner contended that Petitioner was engaged as a NMR in the establishment of Opp. Party No. 2 w.e.f.02.05.1997. It is contended that even though Petitioner was engaged as a NMR w.e.f. 02.05.1997 and the cut-off date so fixed by the Govt. in its communication dtd
Prolonged temporary employment without regularization contravenes labor rights; employers must ensure fair and stable employment as mandated by judicial principles.
The court affirmed the obligations of the State to regularize long-serving employees in essential roles, emphasizing fair employment practices and adherence to constitutional provisions.
The government has a duty to regularize long-serving irregular employees due to established legal principles mandating regularization for those meeting certain criteria, thereby ensuring job security....
The court emphasized that rights to regularization must not be undermined by interim orders, as continuous service in a permanent role bears entitlement to regularization under fair labor practices.
Workers with perennial roles must be recognized for regularization without exploiting temporary classifications, aligning with constitutional obligations of fair treatment under employment law.
The court ruled that employees engaged continuously for over ten years are entitled to regularization, regardless of irregular appointment status, reaffirming precedents from the Supreme Court highli....
Continuous and uninterrupted service of temporary employees qualifies them for regularisation, as upheld by apex court judgments emphasizing fairness in employment practices.
Long-term daily wage employees, after 10 years of service, are entitled to regularization as established by Supreme Court principles in employment law.
The court affirmed the principle that continuous employment in essential roles requires regularization, emphasizing that temporary contracts must not bypass the rights of workers for stable employmen....
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