Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Regularisation of daily wage or contract workers |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | .Service Law – Regularisation of daily wage or contractworkers – Appellants were irregularly appointed by the State ofJharkhand – Plea of Appellants that they had put in more than 10years of service and therefore were entitled to be regularised – Plearejected by the High Court – Further, High Court took the view thatthe decision of the Supreme Court in Umadevi (3) case did notpermit regularisation of appellants since they had not worked for10 years on the cut-off date of 10.04.2006 when the ConstitutionBench rendered its decision – Held: High Court erred in taking animpractical view of the directions in case of Umadevi (3) – Thepurpose and intent of the decision in Umadevi(3) was to preventirregular or illegal appointments in the future and further to confera benefit on those who had been irregularly appointed in the past –A strict and li teral interpretat ion of Umadevi(3), withoutconsidering the spirit of the decision would make regularisation ofthe irregular employees very difficult since the State of Jharkhandcame into existence only on 15.11.2000 and cut-off date was fixedas 10.04.2006 – Thus, the Regularisation Rules must be given apragmatic interpretation and appellants, if they had completed 10years of service on the date of promulgation of the RegularisationRules, ought to be given the benefit of the service rendered by them– Jharkhand Sarkar ke Adhinasth Aniyamit Rup se Niyukt EwamKaryat Karmiyo ki Sewa Niyamitikaran Niyamawali, 2015.. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2018 INSC 666 |
Petitioner | Narendra Kumar Tiwari & Ors. Etc. |
Respondent | The State Of Jharkhand & Ors. Etc. |
SCR | [2018] 9 S.C.R. 412 |
Judgement Date | 2018-08-01 |
Case Number | 7423 |
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