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NAGESH BHEEMAPAKA
V. Srinivasulu – Appellant
Versus
A. P. S. Handloom Weavers Coop. Society Ltd. – Respondent
ORDER :
1. The grievance of petitioner in Writ Petition No. 30831 of 2010 is that respondent- Andhra Pradesh State Handloom Weavers’ Cooperative Society Limited (for short ‘the Society’) is not regularising his services, in spite of the fact that he had put in 21 years of service.
2. It is the case of petitioner that he was initially appointed as daily wage worker by the Manager of APCO Fabrics Sales Emporium, Nalgonda on 03.10.1989 and his services were utilised up to 09.12.1993 by the APCO Cloth Godown and thereafter, from 10.12.1993, he was terminated orally without notice though he completed more than 240 days and also entitled to protection under the Industrial Disputes Act, 1947 (for short, ‘the Act’). Aggrieved thereby, petitioner is stated to have raised I.D. No. 231 of 1995 on the file of the Labour Court-III, Hyderabad, which, vide Award dated 11.12.1998, set aside the order of oral termination. The said Award was challenged by the respondents in Writ Petition No. 5037 of 2000 and it was dismissed on 17.09.2008. Consequently, petitioner was reinstated on daily wage basis with continuity of service. Here, petitioner brings forth before this Court the fact that his colleagues
The court directed the government to consider proposals for regularisation of daily wage workers while upholding the principle of 'no work no pay' regarding wage claims.
The main legal point established in the judgment is that the regularisation of service could only be from the date of the petitioners' appointment in regular service i.e., 03.10.2012, and not from th....
Long-term service in sanctioned positions can warrant regularization despite age limitations in recruitment, emphasizing continuity and eligibility for qualified employees.
An employee's continuous service is recognized once a termination is set aside, impacting their eligibility for regularization despite initial appointment irregularities.
Employees seeking regularization must prove alignment with established criteria and demonstrate identical duties to claim parity in pay under the law.
Long-serving employees engaged under judicial orders are entitled to regularisation despite initial irregularities, emphasizing fairness and continuous service.
Long and uninterrupted service under judicial protection legitimizes claims for regularization in public employment, irrespective of initial engagement irregularities.
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