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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Manas Ranjan Samal (since dead) through his LRs and – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. writ applications involve common facts. (Para 1 , 2 , 3) |
| 2. petitioners engaged as junior engineers on contract. (Para 4) |
| 3. state counters petitioners' claims stating contractual nature. (Para 5 , 6) |
| 4. arguments presented by petitioners and the state. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 5. court analyzes contracts and undertakings. (Para 13 , 14 , 15 , 16) |
| 6. court's interpretation of the nature of employment. (Para 17 , 18 , 19) |
| 7. court finds precedents support petitioners' claims. (Para 20 , 21 , 22) |
| 8. court rejects estoppel based on power imbalance. (Para 23 , 24 , 25 , 26) |
| 9. recognized repetitive tasks indicate regular employment. (Para 27 , 28) |
| 10. writ petitions allowed; services regularized. (Para 29) |
JUDGMENT :
All these writ applications involve common facts and law and being heard together, are disposed of by this common judgment.
3. The petitioners, 16 in numbers, have filed this writ application seeking the following relief:
(i) Admit the writ application.
(iii) Issue Rule Nisi calling upon the opposite parties to show cause as to why the order dated 25.11.2019 under Annexure-11 and 31.12.2019 under Annexure-12 shall not be quashed being illegal and arbitrary.
(v)
Long-term contractual employees performing essential work are entitled to regularization despite prior undertakings barring such claims, as continuous service establishes the need for employment righ....
Continuous and necessary service by contractual employees requires consideration for regularization, transcending mere contractual limitations, provided sanctioned posts exist.
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
Continuous long service in essential roles grants employees the right to regularization despite initial contractual labels, promoting equity in employment practices.
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....
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....
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
Long-term daily wage employees, after 10 years of service, are entitled to regularization as established by Supreme Court principles in employment law.
The regularization of long-serving contractual employees is mandated when their roles are inherently permanent, ensuring compliance with employment laws and protections against exploitation.
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