ORISSA HIGH COURT
PRADIP GOCHHAYAT – Appellant
Versus
STATE OF ODISHA – Respondent
ORDER :
BIRAJA PRASANNA SATAPATHY, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the parties.
3. Learned counsel for the petitioner contended that petitioner was engaged as a NMR/DLR in Jagatsinghpur Municipality w.e.f. 12.03.1992 and such engagement of the petitioner is prior to cut off date so fixed by the Finance Department in its Resolution dated 15.05.1997.
3.1. It is contended that even though petitioner continued as a DLR/NMR w.e.f. 12.03.1992, but instead of regularizing him as against the post of Sweeper on creation of 1999 posts in different Urban Local Bodies of the State by the Govt. in the Housing and Urban Development Department vide its communication dated 17.10.2012 under Annexure-1, petitioner was brought over to the work charged establishment vide order dated 22.01.2013. In the said order, petitioner’s name finds place at Sl. No.7.
3.2. It is further contended that even though petitioner is continuing as a DLR/NMR w.e.f. 12.03.1992 and as a work charged employee w.e.f. 22.01.2013 but petitioner is yet to get the benefit of regularization.
3.3. It is contended that claim of the petitioner to get the benefit
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 affirmed the obligations of the State to regularize long-serving employees in essential roles, emphasizing fair employment practices and adherence to constitutional provisions.
Workers with perennial roles must be recognized for regularization without exploiting temporary classifications, aligning with constitutional obligations of fair treatment under employment law.
Prolonged temporary employment without regularization contravenes labor rights; employers must ensure fair and stable employment as mandated by judicial principles.
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 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.
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.
The court emphasized the importance of regularizing long-serving temporary employees to ensure compliance with fairness principles and constitutional protections in employment.
Government entities must regularize long-term contractual employees in essential roles, upholding constitutional employment rights against arbitrary terminations.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.