Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Regularization University statute |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law:Regularization - Claim of by daily wager entrusted with work of clerk - Entitlement for - Held: Not entitled as University statute not providing for appointment of daily wager - Also constitutional requirement not complied with - Uttar Pradesh (Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam) Act, 1958 - Constitution of India, 1950 - Articles 14 and 16 - University. Appellant-University was created under the Uttar Pradesh (Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam) Act, 1958. The service conditions of employees of the University were governed thereby as also by the statute framed thereunder. Its basic object was to undertake various training and projects for the betterment of agriculture. For the said purpose, persons were employed from time to time; sometimes project-wise. Respondent No.2 was appointed on daily wages on 1.7.1980. He worked as a Laboratory Assistant-cum-Attendant, a Class IV post. The work of Assistant Clerk, however, was taken from him on and from 1.11.1991. He was paid at the rate of Rs. 40/- per day. He raised industrial dispute on the premise that his services had not been regularized by the University. The Industrial Tribunal having regard to an order passed by the High Court on a concession made by the counsel for the University in a writ petition filed by other employees of the University, by an award directed that it was completely proved that the employer was taking work from the concerned worker from 1.11.91 continuously as a clerk however he was being paid salary on a daily wage basis which was improper and illegal and the concerned worker as per the nature of his work is entitled to be made permanent and regularized in the post of clerk/typist. High Court dismissed the writ petition filed by appellant-employer.In appeal to this Court, appellant contended that the appointment of the respondent No. 2 having been made de 'hors the statutory rules, no direction for regularization could be issued; that the Industrial Tribunal could not direct regularization of a Class III employee, particularly, when the respondent No. 2 had not worked for a long time in the said post and that the Industrial Court could not grant a declaratory decree. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1298 |
Petitioner | C.s. Azad Krishi Evam Prodyogiki Vishwa Vidyalaya |
Respondent | United Trades Congress & Anr. |
SCR | [2007] 13 S.C.R. 704 |
Judgement Date | 2007-12-13 |
Case Number | 5873 |
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