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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Biranchi Narayan Behera – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Pursuant to the order dt.28.07.2025, instruction provided by the Department vide letter dt.18.08.2025 so produced in Court be kept on record.
3. Sinc the issue involved in the present case is similar and claim of all the Petitioners for their regularisation in service was rejected vide a common order passed by the Department of Water Resources, Govt. of Odisha-Opp. Party No.1 on 09.05.2022, all the matters were heard analogously and disposed of by the present common order.
4. It is the case of the Petitioners that all the Petitioners were engaged as NMRs in the establishment of Opp. Party No.4 starting from 1995 onwards. It is also the case of the Petitioners that since their initial engagement as NMRs starting from 1995, they are continuing as such in the establishment of Opp. Party No.4 without any break in engagement till date. While Petitioner in W.P.(C ) No.17395 of 2022 was engaged on 11.01.1995; Petitioner in W.P.(C ) No.4705 of 2024 on 01.05.1997; Petitioner in W.P.(C ) No.4711 of 2024 on 03.06.1995; Petitioner in W.P.(C ) No.4741 of 2024 on 01.01.2002; Peti
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-term daily wage employees, after 10 years of service, are entitled to regularization as established by Supreme Court principles in employment law.
Prolonged temporary employment without regularization contravenes labor rights; employers must ensure fair and stable employment as mandated by judicial principles.
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.
Continuous and uninterrupted service of temporary employees qualifies them for regularisation, as upheld by apex court judgments emphasizing fairness in employment practices.
Workers with perennial roles must be recognized for regularization without exploiting temporary classifications, aligning with constitutional obligations of fair treatment under employment law.
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
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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