Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour laws: Regularisation of service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour laws: Regularisation of service — Post of Night Guard — Appointment of appellant temporarily on daily wages — University took a decision fo regularize the persons who worked for more than 240 days — Principal requested the Registrar of University to regularise the services of appellant but Registrar passed order of termination — On writ petition preferred by few similarly placed daily wagers, High Court directed registrar to allow daily wagers to resume their jobs and appellant also joined his duties — Appellant was required to appear before the Three Members Committee for consideration of his claim for regularisation of services, but the same was rejected on the ground that it was a clear case of violation of BSU Act, 1976 — Held: Appellant served University for more than 29 years on the post of Night Guard on daily wages — For a considerable time, University never raised the issue that the appointment of the appellant was ultra vires the rules of BSU Act — Having regard to the various communications between the Principal and the University and also the education authorities and the facts of the case, the appointment of the appellant cannot be termed to be illegal, but it can only be termed as irregular — In *Umadevi's case, it was provided that irregular appointment in duly sanctioned posts who have worked for 10 years or more can be considered on merits erid steps to be taken one time |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 215 |
Petitioner | Amarkant Rai |
Respondent | State Of Bihar & Ors. |
SCR | [2015] 3 S.C.R. 542 |
Judgement Date | 2015-03-13 |
Case Number | 2835 |
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