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State Of Haryana & Ors vs Jasmer Singh & Ors on 7 November, 1996

In State of Haryana vs. Jasmer Singh,(supra), a three-Judge Bench of this Court held that the regularization of daily rated workmen who had completed a certain number of years of service is a policy matter to be decided by the State. This Court held that the respondents who are employed on daily wages can not be treated on par with persons in regular service of the State holding similar post. Daily rated workers are not required to possess the qualifications prescribed for the regular work nor do they have to fulfill the requirement relating to age at the time of recruitment. They cannot, therefore, be equated with the regular workmen for the purposes of their wages nor can they claim the minimum wage regular pay scale of the regularly employed.
Supreme Court of India Cites 8 - Cited by 450 - S V Manohar - Full Document

Registrar General Of India And Anr. vs V. Thippa Setty And Ors. on 19 January, 1996

In Registrar General of India & Anr. Vs. V. Thippa Setty & Ors. (supra), the Tribunal's direction was to regularize the respondents w.e.f. the date of promulgation of the recruitment rules or from the date of their appointment depending on the seniority list. In pursuance of the said direction, on the new recruitment rules being promulgated on 11.5.1985, the regularization was given effect from that date. However, in the subsequent order passed by the Tribunal on 19.2.1993, the Tribunal has directed that they should be treated as having been conferred regular status w.e.f. 5.2.1981 i.e. the date of their entry into service as Investigators. This Court held that the employees had entered as ad hoc appointees and the question was whether they should be regularized in service since they had worked as ad hoc employees for a sufficient long time. If the ad hoc service is regularized from the back date in this manner, it will disturb the seniority of regularly appointed employees in the cadre and, therefore, ordinarily the regularization must take effect prospectively and not retrospectively. This Court ordered that care must be taken to see that regularization do not upset the seniorities of regular appointees. Whether they qualify in a given case or not is not relevant but what is relevant is that regularization should be prospective and not retrospective as the chances of their upsetting the seniorities cannot be overlooked.
Supreme Court of India Cites 0 - Cited by 51 - Full Document
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