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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Basanti Samantaray – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge of order regarding regularization (Para 3 , 4) |
| 2. state's arguments against petitioners' claims (Para 5) |
| 3. final ruling on petitioners' regularization (Para 7) |
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. Petitioners have filed the present Writ Petition inter alia challenging order dtd.06.07.2024 so passed by Opposite Party No.2 under Annexure-17. Vide the said order, claim of the Petitioners to get the benefit of regularization was rejected.
4. It is contended that all the Petitioners were engaged as DLR w.e.f. 01.10.1993, 26.10.1993 and 02.11.1993 respectively.
4.1. It is also contended that while so continuing, vide order dtd.23.08.2018 under Annexure-5, they were allowed in temporary status w.e.f. 01.01.2016. However, on the face of such long continuance as DLR from the year 1993, when Petitioners were not regularized, they approached this Court by filing W.P.(C) No.34077 of 2023. This Court vide order dtd.19.10.2023 under Annexure-11 when directed Opposite Party No.2 to take a decision on the Petitioners’ claim to get the benefi
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 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....
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....
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....
Long-term temporary employment in a sanctioned post qualifies employees for regularization when no lawful recruitment process is conducted, affirming their rights and job security.
The court emphasized the importance of regularizing long-serving temporary employees to ensure compliance with fairness principles and constitutional protections in employment.
Prolonged temporary employment without regularization contravenes labor rights; employers must ensure fair and stable employment as mandated by judicial principles.
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.
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