Will Cast 'Financial Burden': Gujarat HC Quashes Order Directing Ahmedabad Municipal Corporation To Retrospectively Regularize Daily Wagers
3 months, 1 week ago

Will Cast 'Financial Burden': Gujarat HC Quashes Order Directing Ahmedabad Municipal Corporation To Retrospectively Regularize Daily Wagers

Live Law  

In case pertaining to regularization of daily wage employees, the Gujarat High Court highlighted the importance of adhering to policy frameworks to avoid financial constraints and held that Ahmedabad Municipal Corporation cannot be forced to create supernumerary posts with a retrospective date as it would create financial burden and disrupt administrative uniformity. A division bench of Justice AS Supehia and Justice Gita Gopi while relying on a coordinate bench's 2018 decision which had similarly situated employees observed: "Thus, in a similar case to the present respondent employees, the Division Bench has held that the employees, who are similarly situated to the present respondents are not entitled to be regularized on their completion of 5 years and 900 days of service. Thus, the claim of the similarly situated employees to the respondents-employees seeking regularization on completion 5 years and 900 days of service on the basis of Resolution dated 02.06.1983, is already delved into by the Division Bench and such claim is rejected. The bench said that it is not inclined to differ from the view of the coordinate division bench in its 2018 order concerning similar situated employees which said that they cannot be regularized merely on completion of 5 years and 900 days of service.

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History of this topic

Two Decades Of Continuous Services Doesn't Give Right Of Regularization Unless Formal Recruitment Process Is Followed: J&K High Court
3 weeks, 2 days ago

Two Decades Of Continuous Services Doesn't Give Right Of Regularization Unless Formal Recruitment Process Is Followed: J&K High Court

Live Law  

The Jammu and Kashmir High Court held that serving in a department for more than 20 years without following the due process of recruitment does not give the right to said employee to seek the regularization of services. He initially approached the Central Administrative Tribunal, Chandigarh Bench, seeking equal pay with regular Safai Karamcharis and the regularization of his service. …

Two Decades Of Continuous Services Doesn't Give Right Of Regularization Unless Formal Recruitment Process Is Followed: J&K High Court
3 weeks, 2 days ago

Two Decades Of Continuous Services Doesn't Give Right Of Regularization Unless Formal Recruitment Process Is Followed: J&K High Court

Live Law  

The Jammu and Kashmir High Court held that serving in a department for more than 20 years without following the due process of recruitment does not give the right to said employee to seek the regularization of services. He initially approached the Central Administrative Tribunal, Chandigarh Bench, seeking equal pay with regular Safai Karamcharis and the regularization of his service. …

Karnataka High Court expresses concern over ‘exploitation of human labour’ by State government
1 month, 1 week ago

Karnataka High Court expresses concern over ‘exploitation of human labour’ by State government

The Hindu  

Observing that non-regularisation of the service of two daily wage employees, who have been working for the State for the past 32 and 39 years, respectively, will amount to “exploiting human labour”, the High Court of Karnataka has ordered their regularisation from the date when they completed 10 years of service as per the parameters laid down by the apex …

No Automatic Right To Backdated Regularization; Municipal Corporations May Consider Financial And Administrative Constraints: Gujarat HC
3 months ago

No Automatic Right To Backdated Regularization; Municipal Corporations May Consider Financial And Administrative Constraints: Gujarat HC

Live Law  

Gujarat High Court: A Division Bench comprising Justices A.S. Supehia and Gita Gopi set aside an order of a single judge bench that directed Ahmedabad Municipal Corporation to backdate the regularization of certain daily wage workers. Background In 2000, daily wage workers employed by AMC filed a writ petition seeking regularization of their services. While the petition was pending, AMC …

Period Prior To Regularisation Date Should be Factored Into Calculation Of Pension And Other Retirement Benefits: Gujarat High Court
10 months, 3 weeks ago

Period Prior To Regularisation Date Should be Factored Into Calculation Of Pension And Other Retirement Benefits: Gujarat High Court

Live Law  

The Gujarat High Court single bench of Justice Nikhil S. Kariel held that the period prior to the date of regularisation, wherein the Workman met the requirement of working 240 days, must be factored into the calculation of pension and other retirement benefits. Brief Facts: The period of service rendered by the Petitioner's husband before his regularization under the Government …

Upon Attaining Permanency Daily-Wage Workmen Must Be Treated On Equal Footing With Regularly Appointed Workmen: Gujarat High Court
10 months, 3 weeks ago

Upon Attaining Permanency Daily-Wage Workmen Must Be Treated On Equal Footing With Regularly Appointed Workmen: Gujarat High Court

Live Law  

The Gujarat High Court single bench of Justice Nikhil S. Kariel held that in accordance with Section 25B of the Industrial Disputes Act, daily-wage workmen who have completed a specific tenure are entitled to permanency. Observations by the High Court: The High Court referred to the case of State of Gujarat vs PWD and Forest and Employees' Union, where the …

Gujarat High Court Weekly Round Up: August 1 - August 7, 2022
2 years, 7 months ago

Gujarat High Court Weekly Round Up: August 1 - August 7, 2022

Live Law  

NOMINAL INDEX Judgments/Orders of the week Cases Of Civil Nature Can Be 'Quashed' In Interest Of Justice: Gujarat High Court Reiterates Distinction B/w Sections 320 & 482 CrPC Case Title. S.173 CrPC | Power Of Further Investigation Available Upto "Pre-Trial Stage" & Not Beyond That: Gujarat High Court Case Title: Poonam Madha Parmar v. State Of Gujarat Citation: 2022 LiveLaw …

Gujarat High Court Directs State To Consider Regularization Of Contractual Employees Working In Coastal Security Since 11 Yrs
3 years ago

Gujarat High Court Directs State To Consider Regularization Of Contractual Employees Working In Coastal Security Since 11 Yrs

Live Law  

The Gujarat High Court has recently directed the State authorities to consider regularizing the services of Petitioner-employees, working on contractual basis on interceptor boats for coastal security in the State's Home Department since over 11 years.The Bench comprising Justice Biren Vaishnav noted that the Petitioners had been recruited, albeit, on a contractual basis, after. The Gujarat High Court has recently …

Part-Time Employees Can't Seek Regularization As Matter Of Right Contrary To Govt's Regularization Policy: Supreme Court
3 years, 5 months ago

Part-Time Employees Can't Seek Regularization As Matter Of Right Contrary To Govt's Regularization Policy: Supreme Court

Live Law  

The Supreme Court observed that part-time temporary employees in a Government-run institution cannot claim parity in salary with regular employees of the Government on the principle of equal pay for equal work. Emphasising on the fact that even the High Court had observed that there were no sanctioned posts in the impugned judgement, ASG submitted that High Court, in the …

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