Two Decades Of Continuous Services Doesn't Give Right Of Regularization Unless Formal Recruitment Process Is Followed: J&K High Court
2 weeks, 1 day 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. The court held that the petitioner's initial appointment was not made through a formal recruitment process, making him ineligible for regularization under the Constitution Bench ruling in Secretary, State of Karnataka & Ors. The court also held that since the petitioner performed the same duties as regularly appointed Safai Karamcharis for over 20 years, he was entitled to receive equal pay for equal work.

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History of this topic

'Shocking' : Supreme Court Slams J&K Admin For 16 Years' Refusal To Comply With HC Order On Regularisation Of Daily Wager
1 week, 5 days ago

'Shocking' : Supreme Court Slams J&K Admin For 16 Years' Refusal To Comply With HC Order On Regularisation Of Daily Wager

Live Law  

The Supreme Court of India made a scathing observation regarding the 16-year long delay by the UT of J&K in complying with the High Court's order, which directed the government to consider the case of the respondent daily wagers for regularization as per specific Government Order SRO 64 of 1994. IN 2007, J&K High Court had passed the directions to …

Two Decades Of Continuous Services Doesn't Give Right Of Regularization Unless Formal Recruitment Process Is Followed: J&K High Court
2 weeks, 1 day 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. …

Orissa High Court Denies Claim For Regularization Of Previous Service Due To Extended Delay In Filing
3 weeks, 2 days ago

Orissa High Court Denies Claim For Regularization Of Previous Service Due To Extended Delay In Filing

Live Law  

The Orissa High Court bench comprising of Justice Sashikanta Mishra held that claim for regularization of service can be denied due to an extended delay in filing, coupled with the petitioner's subsequent employment in another institution. Background Facts The Petitioner was appointed against an Additional Trained Graduate post on 04.7.1991 in Akhua Odanga High School. It was contended by the …

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

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

Employees Can't Be Regularized If Employment Was Based On Outsourcing Contracts, Not Intended To Create Permanent Employment: Karnataka High Court
9 months, 1 week ago

Employees Can't Be Regularized If Employment Was Based On Outsourcing Contracts, Not Intended To Create Permanent Employment: Karnataka High Court

Live Law  

A single judge bench of the Karnataka High Court comprising of Justice N S Sanjay Gowda, while deciding Writ Petition in the case of Uemsha T N and Ors vs. State of Karnataka, held that employees cannot be granted permanent status if their employment was through outsourcing contracts that were not meant to establish permanent positions. Background Facts The Employees …

Daily-Wager Rendering Continuous Service For Seven Years Cannot Be Classified As "Casual Labor" To Deny Regularization: J&K High Court
11 months, 3 weeks ago

Daily-Wager Rendering Continuous Service For Seven Years Cannot Be Classified As "Casual Labor" To Deny Regularization: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that a daily wage worker who renders continuous service for more than seven years cannot be classified as "casual labour" and is entitled to benefits like regularization. Clarifying the fine between distinction between the two Justice Sanjeev Kumar observed, “Casual Labour‟ refers to labour whose employment is intermittent, sporadic …

[J&K Civil Service Rules] Contractual Employee Not Entitled To Full-Fledged Regular Enquiry Before Termination: High Court
1 year, 8 months ago

[J&K Civil Service Rules] Contractual Employee Not Entitled To Full-Fledged Regular Enquiry Before Termination: High Court

Live Law  

The Jammu and Kashmir High Court on Tuesday ruled that a contractual employee is not entitled to a full-fledged regular enquiry before termination, even if the termination is stigmatic in nature. After hearing the rival contentions and upon examining the record the bench held that the petitioner was not a regular employee of the department, and was only engaged on …

Service Prior To Regularization To Be Counted For Seniority, Contrary Undertaking Given By Employee No Bar: Gujarat High Court
2 years, 10 months ago

Service Prior To Regularization To Be Counted For Seniority, Contrary Undertaking Given By Employee No Bar: Gujarat High Court

Live Law  

The Gujarat High Court has come to the aid of some Forest Guards, who were denied the benefit of past service on the basis of an undertaking given by them that they have no objection of losing seniority for enabling their transfer.The Petitioners had challenged a resolution that provided for a policy of considering the period of five years of …

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 …

Services Rendered By Adhoc Employees Prior To Regularization Cannot Be Counted For Purpose Of Seniority: Supreme Court
3 years, 5 months ago

Services Rendered By Adhoc Employees Prior To Regularization Cannot Be Counted For Purpose Of Seniority: Supreme Court

Live Law  

The Supreme Court reiterated that the services rendered by ad hoc employees prior to their regularization cannot be counted for the purpose of seniority.In this case, while allowing a writ petition filed by some regularized employees, the Single bench of the High Court observed that once the services had been regularized they would relate back to the date. The Supreme …

Past Service As Fast Track Court Judges Shall Be Considered To Calculate The Service Benefits Of District Judges:SC [Read Judgment]
6 years, 10 months ago

Past Service As Fast Track Court Judges Shall Be Considered To Calculate The Service Benefits Of District Judges:SC [Read Judgment]

Live Law  

The Supreme Court bench of Justices J. Chelameswar and Justice Sanjay Kishan Kaul, disposing off appeals arising out of a 2015 judgment of the Jharkhand High Court, held that the pensions and other service benefits of District Judges shall be calculated taking into view their past service as Fast Track Court judges.The writ petitions before the High Court had been …

Past Service As Fast Track Court Judges Shall Be Considered To Calculate The Service Benefits Of District Judges:SC [Read Judgment]
6 years, 10 months ago

Past Service As Fast Track Court Judges Shall Be Considered To Calculate The Service Benefits Of District Judges:SC [Read Judgment]

Live Law  

The Supreme Court bench of Justices J. Chelameswar and Justice Sanjay Kishan Kaul, disposing off appeals arising out of a 2015 judgment of the Jharkhand High Court, held that the pensions and other service benefits of District Judges shall be calculated taking into view their past service as Fast Track Court judges.The writ petitions before the High Court had been …

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