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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G. S. AHLUWALIA, ASHISH SHROTI
Pramod Kumar Barua – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual background of appellant's employment. (Para 1 , 2 , 3) |
| 2. arguments regarding the cancellation of regularization. (Para 4 , 5) |
| 3. court's observations on principles of natural justice. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. court's final verdict and directive. (Para 16) |
| 5. conclusion and order for further proceedings. (Para 17 , 18 , 19) |
ORDER :
Gurpal Singh Ahluwalia, J.
This writ appeal, under Section 2 (1) of the M.P. Uchcha Nyayalay (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed against the order dated 16-11-2018 passed by learned Single Judge in W.P. No. 697/2009, as well as, order dated 7/2/2019 passed by learned Single Judge in R.P. No.1811/2018, by which it has been held that non-extension of opportunity of hearing has not caused any prejudice to the petitioner/appellant and by applying the principle of useless formality it is held that withdrawal of order of regularisation is not bad.
2. It is the case of appellant that he in the year 1998 was appointed as Revenue Sub Inspector and his services were absorbed by resolution passed by Nagar Panchayat against a clear and vacant post. By oral order dated 1- 10-1998, he was removed
The principle of natural justice mandates opportunity for a hearing before cancellation of regularisation; failure to provide evidence invokes adverse inference.
Natural justice principles require that cancellation of regularization without due process is impermissible, ensuring fair treatment for contractual employees seeking regular status after prolonged s....
The court affirmed that employees continuing post-2016 have a right to regularization, and termination orders must be based on valid grounds.
The court established that daily-wage employees engaged before the cut-off date are entitled to regularization under the Rules of 2016, regardless of initial appointment irregularities.
The main legal point established in the judgment is the importance of legal appointments, the prohibition of perpetuating illegality through regularization, and the guarantee of equal opportunities f....
Adverse inference can be drawn against employers for withholding evidence that could substantiate workers' claims for regular employment, necessitating reconsideration of their claims.
Irregular appointments may be regularized after prolonged continuous service, as technical grounds cannot undermine substantive employment rights.
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