Service and Labour Law — Regularisation — Applicability of Uma Devi (III) judgment –

August 23rd, 2013

Service and Labour Law — Regularisation — Applicability of Uma Devi (III) judgment — Uma Devi is applied to those workers who were entered from back doors — Held, the Judgment in Uma Devi (III) and Umarani is applicable for those Daily Wage Workers those who are illegally employed and it is not applicable for those who are legally engaged.

Secretary, State of Karnataka and Others vs. Uma Devi (3) and Others, (2006) 4 SCC 1 and A. Umarani v. Registrar Co-operative Societies and Others, (2004) 7 SCC 112, Referred.

HELD: The decisions in Uma Devi (supra) and A. Umarani (supra) were regarding the question concerning regularization of employees entered by back door method or those who were illegally appointed encouraging a political set up, in violation of Article 14 and 16 of the Constitution of India. We are of the opinion that both the aforesaid decisions are not applicable in the present case i.e. to the members of the respondent-Employees Union for the following reasons:

(i) The Secretary, Forest and Environment Department of the State of Gujarat by his order dated 3rd May, 2008 held that initially the entry of the daily wagers do not suffer from any illegality or irregularity but is in consonance with the provisions of Minimum Wages Act. Therefore, the question of regularization by removing procedural defects does not arise.

(ii) The Gujarat High Court by its judgment dated 29th October, 2010 passed in SCA No.8647 of 2008 while noticing the aforesaid stand taken by the State also held that the nature of work described in the order dated 3rd May, 2008 shows that the daily wage-workers are engaged in the work which is perennial in nature.

(iii) The case of A.Uma Rani (supra) related to regularization of services of irregular appointees. In the said case this Court held that when appointments are made in contravention of mandatory provisions of the Act and statutory rules framed therein and in ignorance of essential qualifications, the same would be illegal and cannot be regularized by the State.

(Para 23)

Thus, the principal question that falls to be considered in these appeals is whether in the facts and circumstances it will be desirable for the Court to direct the appellants to straightaway regularize the services of all the daily wage workers working for more than five years or the daily wage workers working for more than five years are entitled for some other relief.

(Para 24).

State of Gujarat v. PWD Employees Union[Bench Strength 2], Civil Appeal Nos. 5321-5322/2013 (Arising out of SLP (C) 13619-13620/2012)(09/07/2013), 2013(8) SCALE 579 [T.S. Thakur, J.: Sudhansu Jyoti Mukhopadhaya, J.]

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