Anonymous
Asked October 19, 2016

Labour Law query

  • 1 Answer
  • 325 Views

Hi , This is regarding the employment of my wife , 17 yrs back my spouse joined electricity board ( non technical -clerical grade works) on contract basis along with others on similar grounds, the contract continued for more than 10yrs and mean time the complete group request for permanent recruitment and landed in various courts ,finally Honorable High court has provided only financial compensation and the same by Honorable Supreme Court . Now the Electricity board has called for new vacancy with similar job profile , and the people who fought this case have crossed the age limit to apply for the post . question is can we approach for court for this job , with foregoing the compensation they are supposed to pay?

Answer 1

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Prafful Goyal

 The remedy demanded here is, in legal terms, known as regularization of service. It is a mechanism to condone the procedural irregularities and defects attributable to process of appointments. However, there are certain pre-requisites that should exist before regularization of service can be permitted. First being that the employee, in duly sanctioned post, should have worked continuously for 10 years or more without any benefit or protection from the tribunal or court by way of interim orders, and second, being that the appointment should be irregular, not illegal.[1]

Considering the requirements for valid regularization laid down by the Supreme Court, if they are fulfilled in the instant matter, then the regularization can be claimed validly. With respect to the issue of having exceeded the age-limit to apply for the post, various High Court judgments  have cleared that the age-bar cannot be invoked in consideration of such cases and for effectuating the mandate of regularization of services.[2]

 

[1] State of Karnataka v. Umadevi, (2006) 4 SCC 1.

[2] State vs Narendrabhai, Gujarat High Court decided on 24 November, 2010

Agree Comment 0 Agrees almost 4 years ago

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