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ARINDAM LODH
Nitai Deb – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. regularization of part time workers after 10 years (Para 2) |
| 2. official engagement as drw effective from specified date (Para 3) |
| 3. absorption scheme validity for part time workers (Para 4) |
| 4. legality of absorption based on existing scheme (Para 5) |
| 5. writ petition dismissed due to lack of merit (Para 6) |
JUDGMENT
Heard Mr. P. Roy Barman, learned Sr. counsel assisted by Mr. K. Nath, learned counsel appearing for the petitioner as well as Mr. M. Debbarma, learned Addl. G.A. appearing for the State-respondent and Mr. N. Majumder, learned counsel appearing for respondents- Tripura State Electricity Corporation Limited.
2. The simple case of the petitioner is that he was initially engaged as Part Time Worker w.e.f. 23.12.1997. The petitioner has prayed for regularization of his service on completion of 10 years of service in the post of Group-D. It is pertinent to mention herein that, the petitioner along with other Part Time Workers had filed writ petitions before the Hon’ble High Court. While disposing of those writ petitions, this Court had directed the respondents to constitute a committee to consider the cases of the petitioners for their regularization or absorption a
Regularization of Part Time Workers to Daily Rated Workers is based on existing governmental schemes, and no legal basis exists to backdate regularization before such schemes were introduced.
Irregular employment does not preclude regularization where a clear policy for the regularization of such workers exists, reaffirming legislative intent to remedy historical employment practices.
Policy for regularization must honor prior engagements if criteria are met, despite subsequent changes in policy restricting claims.
The continuation of service and accrued rights entitles a Daily Rated Worker to regularization, notwithstanding policy repeal.
Regularization of casual workers after 10 years of service is mandated under government schemes, emphasizing equality and non-discrimination irrespective of engagement dates.
The court established that the arbitrary denial of regularization of services for Daily Rated Workers after ten years of service violates principles of equality and non-discrimination in employment.
The court ruled on the necessity of equitable treatment in employment regularization, confirming eligibility under the established scheme and the obligation to address disparities in treatment among ....
The court emphasized the need for equal treatment of contingent workers under a regularization scheme and directed timely compliance for the petitioner's rightful promotion.
The court upheld a contingent worker's right to regularization as per the government scheme, ensuring equal treatment and addressing grievances over unequal benefits.
Employment and Service matter - Regularization of Service - Benefits of - Ability of Municipal Council and Panchayats to pay regular scales to temporary staff irrespective of existence of vacancies, ....
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