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Showing contexts for: adhoc regularisation in Shiva Kumar H N vs M/O Labour & Employment on 21 November, 2023Matching Fragments
12. As clarified by the Hon'be Apex Court in the case of M.L. Kesari (supra), the directions in para 53 of Umadevi were to allow regularisation of only those adhoc employees who had served for a period of more than 10 years as on the date of Judgment rendered by the Apex court in Umadevi (supra), which was 10.4.2006. Hence, in accordance with the judgement rendered in Uma Devi (supra) all persons who had been appointed on adhoc basis prior to 10.4.1996 can be considered for regularization.
13. In the present case, the applicant had been appointed on adhoc basis on 29.12.1997. Hence, he had completed only 9 years and 4 months as on 10.4.2006. He, therefore, cannot claim relief as granted by the Apex Court in the case of Umadevi (Supra).
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OA.No.369/2020/CAT/Bangalore Bench
14. However, it is a fact that the applicant is continuing on adhoc basis after serving for more than 25 years in the department since 1997. The respondents had conducted 3 special examinations in order to screen the adhoc employees prior to their regularisation. Despite the applicant not qualifying this examination even after 3 attempts, he has not been dis- engaged and continues to be employed by them on adhoc basis.
15. The respondents have also stated that there are 40 vacancies still available in the post of LDC in the respondent's organisation.
16. A perusal of the minutes of the 158th Meeting of Standing Committee of ESI Corporation held on 17.12.2002 indicates as follows:
Item No. Proposal for holding of special qualifying examination for regularisation SC.15 of adhoc LDCs working in the ESIC Corporation (38) Shri Mishra expressed the view that employees taken through Employment Exchange, but who continued on adhoc basis for several years, thereby making them overage, should be regularised irrespective of their performance in the proposed test. (39) It was explained by AC(P&A) and Insurance Commissioner that the proposed test was qualifying in nature and candidates obtaining a minimum marks to be fixed, would be regularised.