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NAMIT KUMAR
Haryana State – Appellant
Versus
Lakhender Prakash (Died) through LRs. – Respondent
JUDGMENT :
NAMIT KUMAR, J.
1. State of Haryana has filed the present Regular Second Appeal and is directed against the judgment and decree dated 19.11.1993, passed by the Court of Additional District Judge, Faridabad, which dismissed the appeal of the State by affirming the judgment and decree dated 03.03.1992, passed by the Court of Sub Judge 2nd Class, Faridabad, which decreed the suit of the plaintiff-respondent-Lakhender Prakash for declaration that verbal orders of the termination of the service of the plaintiff on 11.11.1987, were illegal, unlawful, malafide and plaintiff continues to be in service. It was also declared by the Court that the plaintiff would be entitled for back pay and allowances from the date of his termination and that he would be entitled for reinstatement into service.
2. It is apt to mention here that earlier the instant appeal was dismissed by the learned Single Judge of this Court vide judgment dated 03.05.2000. The said judgment was challenged before the Hon’ble Supreme Court by the appellant-State of Haryana and respondent-Lakhender Prakash (deceased) and the Hon’ble Supreme Court was of the view that neither any substantial question of law was framed n
Temporary employees have no right to continue in service, and the civil court lacks jurisdiction to entertain claims based on the Industrial Disputes Act.
Temporary employees, including daily wage labourers, have no right to seek permanency or regularization of services.
Termination of temporary employees does not invoke Article 311 protections, and differing treatment based on length of service is permissible under employer's regulations.
The main legal point established in the judgment is that the definition of 'workman' under the Industrial Disputes Act, 1947 and the principles related to termination of contractual employees and the....
Rule 5 of Central Civil Services (Temporary Service) Rules, 1965, reads as services of a temporary Government servant shall be liable to termination at any time by a notice in writing given either by....
Termination of a workman on a contractual basis may not constitute retrenchment if the employment is of a permanent nature, and unfair labor practices may warrant compensation instead of reinstatemen....
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Probationers in permanent posts are entitled to protections under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and terminations based on stigmatic allegations must fol....
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