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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Gopal Sahu – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. procedural introduction and representation (Para 1 , 2) |
| 2. petition challenges rejection of regularization (Para 3) |
| 3. petitioner's continuous engagement as dlr and legal grounds for regularization (Para 4) |
| 4. court's analysis emphasizing historical engagement and legal precedents (Para 5 , 6) |
| 5. final order to quash and regularize petitioner's employment (Para 7) |
Judgment :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through Hybrid Mode.
2. Heard Mr. R. Das Nayak, learned counsel appearing for the Petitioner and Mr. M.R. Mohanty, learned Addl. Govt. Advocate appearing for the Opp. Parties.
3. The present writ petition has been filed inter alia challenging order dtd.31.12.2021 so passed by Opp. Party No. 1 under Annexure-1. Vide the said order 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 DLR w.e.f.01.03.1993 in the establishment of Opp. Party No. 4. While so continuing w.e.f.01.03.1993, when he was disengaged w.e.f.01.02.1999, the matter was carried to the learned Labour Court, Sambalpur in I.D. Case No. 43 of 2002. Learned Labour Court vide
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....
Long-term daily wage employees, after 10 years of service, are entitled to regularization as established by Supreme Court principles in employment law.
Continuous and uninterrupted service of temporary employees qualifies them for regularisation, as upheld by apex court judgments emphasizing fairness in employment practices.
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.
Prolonged temporary employment without regularization contravenes labor rights; employers must ensure fair and stable employment as mandated by judicial principles.
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 the importance of regularizing long-serving temporary employees to ensure compliance with fairness principles and constitutional protections in employment.
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.
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