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The New India Assurance Company Ltd vs The Central Government Industrial on 10 February, 2015

Since this aspect of the matter has been already dealt with the Constitution Bench in the case of Secretary State of Karnataka v. Umadevi (2006) 4 SCC 1, admittedly in the present case also since the second respondent has not been appointed under the relevant rules or in adherence to Articles 14 and 16 of the Constitution, the ratio laid down by the Hon'ble Apex Court in the case of Surinder Prasad Tiwari vs. U.P Rajya Krishi Utpadan Mandi Parishad & Ors., should be applied by reversing the impugned award for the simple reason that the second respondent in the present case had entered into the service of the petitioner Management as a daily wager, therefore his engagement is not gauged on proper selection under relevant rules or procedure. That apart, he was also aware of the consequences of the appointment being temporary, casual or contractual in nature, therefore, such a person cannot invoke the theory of legitimate expectation for being confirmed in the post when an appointment to the post could be made only by following a proper procedure for selection.
Madras High Court Cites 12 - Cited by 0 - T Raja - Full Document

Arun Kumar vs M/O Health And Family Welfare on 15 February, 2016

46. Through Surendra Prasad Tiwary vs. U.P. Rajya Krishi Utpadan Mandi Parishad & Others (supra), learned counsel for the respondents pointed out that the Apex Court has held that such employees appointed without following the due procedure laid down under Articles 14, 16 and 309 of the Constitution, cannot be considered to be regularized in service, because of which, the dismissal of Writ Petition filed by the appellant contractual employee, seeking a direction for his regularization, was proper, and the High Court's judgment had been upheld.
Central Administrative Tribunal - Delhi Cites 31 - Cited by 0 - Full Document

M/S. Karnataka Soaps& Detergents ... vs U.P. Rajya Krishi on 25 July, 2008

In the case of Surender Prasad Tiwari Vs. U.P. Rajya Krishi Utpadan Mandi Parishad And Others (supra), the appellant was appointed by Rajya Krishi Utpadan Mandi Parishad, U.P. on contract basis for a fixed term for carrying out the work of a specified project. The said appointment was made without following the procedure as laid down under Articles 14 and 16 of the Constitution. The appellant was engaged from time to time to work on different projects. The last contract in relation thereto was dated 14.10.1991 and thereafter, the appellant was not appointed. Aggrieved by the oral termination and / or non-continuation in service, the appellant preferred a writ petition before the High Court, which was dismissed. That order was challenged in the Hon'ble Apex Court. Dismissing the appeal Hon'ble Apex Court held as under :-
Delhi District Court Cites 12 - Cited by 0 - Full Document
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