AI Overview...
- Post Not Sanctioned by Following Prescribed Procedure - Appointments or terminations made without adhering to the statutory procedures, especially under Section 25-F of the Industrial Disputes Act, are considered illegal and vitiate the employment or termination process. The courts emphasize the importance of following due process for appointments against sanctioned posts to ensure legality and protect workers' rights. Several cases highlight that appointing employees on ad hoc, daily wager, or temporary basis without proper sanction or procedure violates statutory provisions and can lead to reinstatement or other legal consequences. For instance, in case Jasdan Municipality through Chief Officer VS Kantibhai Bachubhai Thummar - Gujarat, the termination was challenged due to procedural lapses; similarly, SHASHI BHUSHAN SRIVASTAVA VS STATE OF UTTAR PRADESH - Allahabad and HARI BANSH DWIVEDI VS THE VICE CHANCELLOR, MAHATMA GANDHI KASHI VIDYAPITH, VARANASI - Allahabad discuss appointments made without following prescribed procedures, emphasizing the necessity of adhering to statutory norms for lawful employment.
References: Jasdan Municipality through Chief Officer VS Kantibhai Bachubhai Thummar - Gujarat, SHASHI BHUSHAN SRIVASTAVA VS STATE OF UTTAR PRADESH - Allahabad, M. P. Housing Board VS Manoj Shrivastava - Supreme Court, State of Maharashtra VS Pandurang Sitaram Jadhav - Bombay, Regional Engineering, College, Now National Institute Of Technology (Deemed University), Kurukshetra VS Presiding Officer, Labour Court - Punjab and Haryana, [ATUL BHATNAGAR
VS DISTRICT INSPECTOR OF SCHOOLS SAHARANPUR ANDORS -
Allahabad](https://supremetoday.ai/doc/judgement/02500035681), Municipal Board VS Harish Chandra Joshi - Rajasthan, Satish Prajapati VS State of M. P. - Madhya Pradesh, HARI BANSH DWIVEDI VS THE VICE CHANCELLOR, MAHATMA GANDHI KASHI VIDYAPITH, VARANASI - Allahabad
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Legal Requirements for Appointment in Sanctioned Posts - Appointments must be made against vacancies that are duly sanctioned by the competent authority, following the prescribed statutory procedures. Appointments outside these norms, such as ad hoc or daily wagers without proper sanction, are considered illegal. Courts have consistently held that employment in sanctioned posts, following due process, is essential for legality and for safeguarding workers' rights. For example, in Municipal Board VS Harish Chandra Joshi - Rajasthan, the court stressed the importance of approval after considering eligibility and compliance with rules. Similarly, District Manager VS Workman Bhira Ram - Punjab and Haryana and [ATUL BHATNAGAR
VS DISTRICT INSPECTOR OF SCHOOLS SAHARANPUR ANDORS - Allahabad](https://supremetoday.ai/doc/judgement/02500035681) highlight violations when appointments are made dehors the rules or without following statutory procedures, leading to claims of illegal employment and entitlement to reinstatement.
References: Municipal Board VS Harish Chandra Joshi - Rajasthan, District Manager VS Workman Bhira Ram - Punjab and Haryana, [ATUL BHATNAGAR
VS DISTRICT INSPECTOR OF SCHOOLS SAHARANPUR ANDORS -
Allahabad](https://supremetoday.ai/doc/judgement/02500035681), Satish Prajapati VS State of M. P. - Madhya Pradesh
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Implications of Non-Compliance - Non-adherence to prescribed procedures and appointment against non-sanctioned posts can result in legal disputes, entitlement to reinstatement, back wages, and annulment of employment. Courts often scrutinize whether the appointment was made in accordance with the law, emphasizing the importance of following the statutory framework to prevent illegal employment practices.
References: Jasdan Municipality through Chief Officer VS Kantibhai Bachubhai Thummar - Gujarat, Regional Engineering, College, Now National Institute Of Technology (Deemed University), Kurukshetra VS Presiding Officer, Labour Court - Punjab and Haryana, SHASHI BHUSHAN SRIVASTAVA VS STATE OF UTTAR PRADESH - Allahabad, HARI BANSH DWIVEDI VS THE VICE CHANCELLOR, MAHATMA GANDHI KASHI VIDYAPITH, VARANASI - Allahabad
Summary: Appointments or terminations made without following the prescribed statutory procedures, especially against non-sanctioned posts, are deemed illegal. Proper adherence to the procedures under relevant laws such as the Industrial Disputes Act and the Intermediate Education Act is crucial for lawful employment. Violations can lead to legal consequences including reinstatement, back wages, and annulment of employment, underscoring the importance of following due process in public employment.
Search Results for "Post Not Sanctioned by Following Prescribed Procedure under the Act"
2012 0 Supreme(Guj) 650 • India - Gujarat
K.M.THAKER
post on the establishment of the petitioner his service was terminated without following procedure prescribed under Section 25-F ... appears at serial No. 5, indicating that he was one of the employees/workers with the petitioner - Respondent was working on vacant sanctioned ... of Act - It is not possible to hold that conclusion of labor Court that petitioner's action of terminating respondent is vitiated ... or obligation to follow any procedure #H....
1997 0 Supreme(All) 1472 • India - Allahabad
S.C.VERMA
Whether the school could make an ad hoc appointment on a short-term vacancy without following the prescribed procedure. ... not comply with the correct procedure for appointment. ... Intermediate Education Act - Regulation 5, Chapter II - Appointment of Teacher - Sanctioned Post - Ad hoc Appointment - Short-Term ... subject of Mathematics and for this reason the petitioner was appointed after undergoing the procedure presc....
2006 2 Supreme 354 • India - Supreme Court
S.B.SINHA, P.K.BALASUBRAMANYAN
post which was lying vacant upon following the due procedure freedom prescribed therefor. ... duly sanctioned by statutory authority—A daily wager does not hold a post unless he is appointed in term of the Act and rules framed ... It is not the case of the Respondent that he was appointed against a vacant post which was duly sanctioned by the statutory authority ... It is one thing to say that a p....
2008 0 Supreme(Bom) 1086 • India - Bombay
SWATANTER KUMAR, A.P.DESHPANDE
in compliance with the prescribed procedure for public employment. ... sanctioned vacant posts. ... Legal right of daily wagers to claim permanency in the absence of sanctioned vacant posts. ... It is one thing to say that a person was appointed on an ad hoc basis or as a daily wager but it is another thing to say that he is appointed in a sanctioned post which was lying vacant upon following the due procedure prescribed the....
2007 0 Supreme(P&H) 1714 • India - Punjab and Haryana
AJAI LAMBA, ADARSH KUMAR GOEL
Illegal Appointment - Employment Dispute - [Section 2(oo) of the Act, Section 25-F of the Act, Articles 14 and 16 of the Constitution ... It highlighted the interpretation of Section 2(oo) of the Act and Section 25-F of the Act, as well as the application of Articles ... It is one thing to say that a person was appointed on ad hoc basis or as a daily wager but another thing to say that he was appointed against a sanctioned post lying vacant, upon following the due #HL....
2007 0 Supreme(P&H) 1553 • India - Punjab and Haryana
ASHUTOSH MOHUNTA, KANWALJIT SINGH AHLUWALIA
The respondent-workman was not awarded any compensation, and any remaining dues under Sec. 17-B of the Act were to be paid within ... Labour Court - Industrial Disputes Act - Sec. 25-F, 25-G, 25-H - The court discussed the violation of these sections and the entitlement ... Issues: Violation of Sec. 25-F, 25-G, and 25-H of the Industrial Disputes Act, entitlement to reinstatement and back wages ... It is one thing to say that a person was appointed on ad hoc basis or as a daily wager but another thing to say that he was....
1997 0 Supreme(All) 672 • India - Allahabad
S.P.SRIVASTAVA
Fact of the Case: The petitioner was appointed as an Assistant Clerk in an educational institution but was not being ... This approval has to be granted after taking into consideration various factors ii order to ensure that a proper eligible and suitable qualified per son is appointed as against a vacancy in a sanctioned post after following the prescribed procedure and the appointment does not result in creating any ... Intermediate Education Act....
2002 0 Supreme(Raj) 259 • India - Rajasthan
B.S.CHAUHAN
Appointment Dehors the Rules - Labour Dispute - Industrial Disputes Act, 1947 (Section 25-J, Chapter V-A) - The court considered ... the law and whether the Land and Building Tax Department of the Municipal Board qualified as an 'industry' under the Industrial Disputes ... discussed the legal provisions and interpretations related to appointment dehors the rules and the definition of 'industry' under the Act ... Admittedly, respondent-workman had been appointed without following any procedure ....
2018 0 Supreme(MP) 16 • India - Madhya Pradesh
HEMANT GUPTA, VIJAY KUMAR SHUKLA
Civil Services -- workman who is not appointed against vacant post -- on the basis of having served for a considerable period ... It is one thing to say that a person was appointed on an ad hoc basis or as a daily wager but it is another thing to say that he is appointed in a sanctioned post which was lying vacant upon following the due procedure freedom prescribed therefore. ... 11. ... It is not the case of the respondent that he was appointed ....
2006 0 Supreme(All) 2193 • India - Allahabad
R.K.AGRAWAL, SANJAY MISHRA
The appointment of the respondent was not made in accordance with the statutory provisions as it was made without following the procedure ... prescribed by law. 2. ... In 1996, the State Government sanctioned one post of a temporary Lecturer in Karmakand in the University. ... It is one thing to say that a person was appointed on an ad-hoc basis or as a daily wager but it is another thing to say that he is appointed in a sanctioned post which was lyi....
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