Supreme Court Digest of Recent Cases
(2006) 6 SCC 310

Constitution of India

— Arts. 16, 14 and 309 — Public employment — Instrumentalities of State (government company) — Regularisation of <169>irregularly<170> appointed employees as against <169>illegally<170> appointed employees as explained in paras 15-17 and permitted as a one-time measure in para 53 of Umadevi (3) case, (2006) 4 SCC 1 — Scope of such regularisation — Ample material on record showing that temporary/casual/contingent employees of respondent Corporation were doing work of permanent nature and work which used to be done by skilled employees, but were continued as temporary/contingent workmen for long duration of time — Respondent Corporation found to be permanent in nature and to have had sufficient regular work and to have been in a satisfactory financial condition in the past — It also appeared that work of Corporation would not come to an end — Usual practice of Corporation had been to keep contingent workmen for long duration of time and to offer regular appointment periodically — Hence, held, it shall be proper to regularise services of such workmen who had worked for several years — However, workmen in order to succeed will have to substantiate their claims as per established principles of law — Matter remitted back to the Tribunal with detailed directions to consider case of each employee claiming regularisation on such ground, to be decided strictly in accordance with and in compliance with all the directions given in Umadevi (3) case, (2006) 4 SCC 1, and in particular paras 53 and 12 thereof, and without being influenced by any of the observations made in this judgment — Interim order dt. 3-5-1999 directing respondent Corporation to provide work to appellant employees as casual employees, provided there was work available, to continue, (2006) 6 SCC 310



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