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1 - 10 of 40 (0.68 seconds)Article 16 in Constitution of India [Constitution]
Court In The Case Of Secretary, State Of ... vs . Uma on 9 April, 2015
4. The respondents 2 to 4 filed their counter contesting/
opposing the case of the applicants by stating that the
Baripada Unit of BSNL Orissa Circle forwarded names of 167
casual/contractual labourers for scrutiny without proper
supporting documents of their engagements, which resulted
in return of their names to Telecom Divisional Manager,
Baripada vide letter dated 21.06.2006 for review. Meanwhile,
various court cases were filed before the Hon'ble High
Court of Orissa, Tribunal and CGIT for which the process of
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7 OA 260/00654 of 2015
regularization was kept in abeyance by the order dated
04.03.2004. The regularization was not legally permissible
as per the decision of the Hon'ble Apex Court in Civil
Appeal Nos. 3595-3612/1999 in the matter of State of
Karnataka Vs. Uma Devi and dated 16.01.2009 in SLP(C)
No. 7803 of 2006 in BSNL Vs. Teja Singh. They have also
denied that any such similarly situated casual worker of
BSNL has been regularized and it has been stated that
various types of technical and non-technical works of BSNL
are being carried out by the regular employees of BSNL.
Some maintenance and developmental activities are
assigned to the approved labour contractors on job contract
basis and, that BSNL is not engaging casual labourers
directly. There is a continuing ban on engagement of casual
labourer in DOT/BSNL. There is no record that the applicants
were engaged in the office of the TDM, Baripada as casual
labourers. The applicants are engaged and payments are
made only through the contractors. It is not correct to state
that they are covered by the DOT Letter dated 29.09.2000
since the letter dated 29.09.2000 covers only casual
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8 OA 260/00654 of 2015
labourers engaged during the DOT period having specific
criteria and not contractual workers. After corporatization of
Telecom vide order dated 29.09.2000, it was decided to
regularize the left out casual workers working in DOT.
Accordingly, order dated 29.09.2000 was issued for
regularization of casual workers including those who have
been granted temporary status.
The Railways Act, 1989
Article 21 in Constitution of India [Constitution]
Nihal Singh & Ors vs State Of Punjab & Ors on 7 August, 2013
(xiv) Is the citation of Hon'ble Apex Court in
the case of Nihal Singh and others vs.
State of Punjab & Ors., (2013) Vol 14
SCC, 65 in light of the discussions of the
different facts on which it is based as per
discussion in this judgment?
Amarkant Rai vs State Of Bihar & Ors on 13 March, 2015
(xv) Whether the other citations as cited in
the judgment pertaining to Amarkant Rai
v/s State of Bihar, Mohinder Singh Gill
and Anr v/s The Chief Election
Commissioner apply in light of the
discussions in paragraph?
Bhola Rana ? Bhola Nath Rana & Ors vs State Of Jharkhand & Anr on 15 January, 2014
In view of the discussions made above, we concur with
the stand and view point taken by the Hon'ble the then
Member (Judicial) and, the case of the Applicants are liable
to be regularized as per the conditions stipulated by the
Hon'ble Apex Court in the cases of Dharam Singh (supra)
and Bhola Nath (supra). The Respondents/BSNL authorities
are to issue consequential order to the said effect within a
period of 90 (ninety) days from the date of receipt of a copy
of this order.
Chander Mohan Negi vs State Of H.P. & Others on 13 July, 2020
In the case of case of Chander Mohan Negi and
Others vs. State of Himachal Pradesh & Ors., 2020 (1)
OLR -SC-865, the Hon'ble Apex Court held as follows:-