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1 - 4 of 4 (0.17 seconds)Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006
7.The Hon’ble Supreme Court of India in the case of Secretary,
State of Karnataka and others Vs. Umadevi and others reported
in (2006) 4 SCC 1, settled the legal principles that the benefit of
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http://www.judis.nic.in
W.P.Nos.829 & 830 of 2012
regularisation or permanent absorption cannot be granted in violation
of the recruitment rules in force. Daily wage employees are governed
under the Government Orders and therefore, the persons, who were
appointed irregularly or illegally cannot claim the benefit of
regularisation or permanent absorption. Thus, the general law viz.,
industrial dispute cannot be strictly applied for the purpose of grant of
permanent absorption or reinstatement or otherwise, since the
employees engaged by the Government Departments are governed by
the service rule constituted by the Government, which is to be
construed as a special rule. The Special Rules will prevail over the
general law. When the engagement of the daily rated employees is
governed by Sida Scheme, which was funded by Sweedish
Government and after closure of the scheme, the employees, who
were engaged on daily wage basis are not entitled for any relief.
However, these daily rated employees were transferred to the District
Rural Development Agency under another Scheme and the industrial
disputes were raised after a lapse of 21 years from the alleged non-
employment of these 1st respondents.
Article 309 in Constitution of India [Constitution]
Section 25F in The Industrial Disputes Act, 1947 [Entire Act]
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