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ARINDAM LODH
Biswajit Sarkar, (40) – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. eligibility criteria for regularization of contingent workers. (Para 2 , 3) |
| 2. past notional benefits in regularization cases. (Para 4 , 5) |
| 3. entitlement to similar treatment based on precedent. (Para 6 , 7) |
| 4. directions for compliance and resolution of grievances. (Para 8) |
| 5. final disposal of the writ petition with directions. (Para 9 , 10) |
JUDGMENT
Heard Mr. N. Majumder, learned counsel appearing for the respondents-TSECL as well as Mr. K. De, learned Addl. G.A. and Mr. H. Sarkar, learned counsel appearing for the respondent-State.
2. In this writ petition, the petitioner was engaged as a contingent worker on 01.05.2000 under the respondents. The contention of the petitioner is that the State-Government had formulated a scheme vide memorandum dated 9th June 2009 for regularization of all casual/contingent/DRWs workers working under the State-Government. It is admitted position that Tripura State Electricity Corporation Limited (TSECL) has adopted the said scheme for regularization of all contingent/casual/DRWs workers engaged and working under it.
3. One of the provisions of the scheme, is that, in the case of contingent workers, who had completed 10(ten) years of s
Petitioner's eligibility for regularization is affirmed based on service duration and prior government schemes, reinforcing principles of equity and fair treatment in employment.
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 established that employees in similar situations must be treated equally regarding regularization, enforcing compliance with prior judgments within specified timeliness.
The court upheld a contingent worker's right to regularization as per the government scheme, ensuring equal treatment and addressing grievances over unequal benefits.
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 ....
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, ....
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.
Regularization of casual workers after 10 years of service is mandated under government schemes, emphasizing equality and non-discrimination irrespective of engagement dates.
Right to regularization of service as a Group-D employee affirmed for long-term workers, while denying full back wages due to laches.
Employees are entitled to regularization under government policy when they meet the criteria for continuous service despite mechanical breaks.
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