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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
THE FLAG OFFICER COMMANDING IN CHIEF HEADQUARTERS, SOUTHERN NAVAL COMMAND KOCHI – Appellant
Versus
K.M.KALA, AGED 48 YEARS COMMAND STADIUM LABOURER (SAFAIWALA), NAVAL AIRCRAFT YARD, KOCHI-682004 – Respondent
| Table of Content |
|---|
| 1. regularization eligibility based on service duration. (Para 1 , 2 , 3) |
| 2. argument on maintainability and comparison with precedential cases. (Para 4) |
| 3. review of employment practices and legal standards for regularization. (Para 5 , 6) |
JUDGMENT SUSHRUT ARVIND DHARMADHIKARI,J The present Original Petition (CAT) assails the judgment dated 28.02.2019 passed in OA No.251/2015 by the Central Administrative Tribunal, Ernakulam Bench, whereby the Original Application filed by the respondent herein has been allowed.
Facts:-
2. The brief facts of the case are that the respondent herein had approached the learned Tribunal praying for the following reliefs:
“i) Call for the records leading to Annexure.A3 and set aside the same. (ii) Direct the respondents to regularise the service of the applicant with all consequential benefits including arrears of salary.
(iii) such other and further reliefs as this Hon'ble Tribunal may find just and proper.”
2.1. The respondent herein was working as Safaiwala in the Command Stadium under the Southern Naval Command, Kochi since the year 1994 continuously and therefore she is entitled for regularization. Similarly situated 4 persons engaged as ‘
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