Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Laws regular basis and not as a daily wager Regularisation Claim of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Labour Laws: Regularisation – Claim of – Respondents engaged as registration clerks on daily wages – Respondent’s case that his appointment was on a regular basis and not as a daily wager – Proceedings before the High Court and this Court – On remand to the High Court to consider whether the appointment made were in consistent with r. 22, the High Court holding that the appointment was not in breach of r. 22, set aside the termination and issued directions for grant of consequential benefits – On appeal, held: Record clearly indicate that the engagement of the respondent at all material times was only as a daily wager and,there is no order by which he was treated to be in the regular service of the District Registrar – He has no vested right to claim regularization in service – Plea for regularisation has, in fact been rejected in the judgment of the Division Bench – Order of the Single Judge, quashing the rejection of the representation of the respondent will not amount to a mandamus to regularize the respondent or to treat him in the regular employment of the State – All that the High Court will be construed to have held is that once the respondent was reinstated in service following the earlier order, his services could not have been dispensed with without an order of termination in accordance with law – In the absence of an order of termination,the respondent may be treated to be in the employment of the State,albeit on a daily wage basis – Furthermore, his services were discontinued due to the pendency of a criminal case – Subordinate Offices Ministerial Staff (District Recruitment) Rules 1985 – r. 22. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 185 |
Petitioner | State Of Uttar Pradesh & Ors. |
Respondent | Mohd. Suleman Siddiqui |
SCR | [2019] 4 S.C.R. 590 |
Judgement Date | 2019-02-12 |
Case Number | 4262 |
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