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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
D.Senthilkumar – Appellant
Versus
Secretary to Government, Department of Co-operation, Food and Consumer Protection – Respondent
ORDER :
M. DHANDAPANI, J.
Since the issue involved in both the writ petitions is one and the same, they are disposed of by way of this common order.
2. For the sake of convenience, the parties are referred to as workman and the Management.
3. It is the case of the workman that he was appointed as Office Assistant in the Management Society during the year 1999. During December 2006, the Sub-Registrar of the Management recommended the name of the petitioner for regularization to the Joint Registrar of Co-operative Societies, Erode District. The Deputy Registrar of Co-operative Societies, Erode District, also recommended the name of the petitioner for being regularized. According to the workman, he has completed 480 days of continuous working days in a period of two years and therefore, he is entitled to be regularized in the service of the Management. The workman made a series of representations to the Management seeking regularization. Since the Management did not pass any order, the workman approached the Labour Court by raising the Industrial Dispute and the Labour Court, vide its order dated 21.06.2017, accepted the case filed by the workman and directed the Management to regularize
Appointments not being sponsored by the employment exchange, as prescribed under Rule 149(2) of the Rules, would only make the appointments irregular and not illegal.
Regularization of illegal appointments and entitlement to monetary benefits must be determined in accordance with the statutory provisions, relevant case laws, and government orders. Part-time employ....
The court ruled that an appointment made without proper qualifications and procedures, constituting a backdoor entry, cannot confer rights to permanency under the Tamil Nadu Industrial Establishments....
Irregular appointments may be regularized after prolonged continuous service, as technical grounds cannot undermine substantive employment rights.
Long service can justify regularization despite lacking formal qualifications, as established in prior judgments.
The main legal point established in the judgment is that reinstated daily wagers are eligible for regularization in accordance with the circular dated 5.3.2008, and the respondent authorities must de....
Longstanding service in public roles warrants regularisation and cannot be arbitrarily denied based on technicalities; constitutional principles require fair treatment of employees.
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