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ARINDAM LODH
Gopendra Suklabaiya – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
The matter was heard on 07.10.2021 at length and the judgment was passed orally in open Court. But, after passing the judgment this court found some errors on factual aspects which were not brought to the notice of the court and as such, fixed the matter at the column “Speaking to the Minutes” for re-hearing.
2. Today (15.11.2021) I heard again Mr. P. Roy Barman, learned Sr. counsel assisted by Ms. A. Debbarma, learned counsel appearing for the petitioner. Also heard Mrs. S. Deb, learned counsel appearing for the State-respondents.
3. By way of filing the present writ petition, the petitioner has prayed for regularization and restoration of his service.
4. The facts in brief are that the petitioner was engaged as Daily Rated Worker (DRW) on 19.04.2003. It is his grievance that since October, 2019 he was not paid of his wages and not allowed to continue his job as Casual Worker under the respondents.
5. Mr. Roy Barman, learned Sr. counsel has submitted that the service of the petitioner as Casual Worker should be regularized granting regular pay scale applicable for a Group ‘D’ employee. Admittedly, the petitioner was engaged as a Casual Worker on 19.04.2003 and he did not come
The continuation of service and accrued rights entitles a Daily Rated Worker to regularization, notwithstanding policy repeal.
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.
Policy for regularization must honor prior engagements if criteria are met, despite subsequent changes in policy restricting claims.
Welfare policies for employee regularization must be applied fairly to long-serving workers, emphasizing equitable treatment irrespective of technical cutoff dates.
The court ruled that a petitioner, employed as a daily wage worker, is entitled to regularization from an earlier date despite a shortfall of service days caused by health issues, emphasizing the Dep....
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, ....
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 affirmed that prior service as casual workers must be counted towards eligibility for regularization as Daily Rated Workers under government policies.
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