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1 - 7 of 7 (0.24 seconds)Section 10 in The Industrial Disputes Act, 1947 [Entire Act]
Nihal Singh & Ors vs State Of Punjab & Ors on 7 August, 2013
The said judgment simply states that it is for the State to create the
sanctioned post, the said judgment does not indicate that merely
because the persons continued to work, they are automatically
entitled to regularization without any sanctioned posts. The said
judgement would not entitle the petitioners to claim reliefs from this
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court as prayed for in this writ petition particularly when in W.P. (S)
No. 1021 of 2020 appropriate directions to frame policy has already
been issued.
Shankar Kachchap & Ors vs The State Of Jharkhand & Ors. .... ..... ... on 17 May, 2019
11. Learned counsel has further relied upon a judgment passed by
this Court in W.P. (S) No. 3382 of 2016 decided on 11.05.2017
(Shankar Kachapp and others versus the State of Jharkhand and
Others) , paragraph 10, to submit that the judgment passed in the case
of Nihal Singh has been taken into consideration.
Dharo Oraon And Ors vs The State Of Jharkhand And Others ... ... ... on 1 February, 2018
The learned counsel
has also relied upon a judgment passed by this Court in the case being
W.P.(S) No. 1021 of 2020 and other analogous cases (Dharo Oraon
and Others versus State of Jharkhand) decided on 15.01.2024. The
learned counsel has referred to the issue no. 4 framed in the said
judgment at paragraph 32 i.e. " if initial appointment was not made by
the competent Authority and not against the sanctioned and vacant
post, whether the employees are entitled for regularization or not in
such cases." The learned counsel submits that same issue is involved
in the present case also. The learned counsel has submitted that though
no direction for regularization has been issued by this Court, but the
orders refusing to grant regularization to some of the petitioners has
been set aside and appropriate direction has been issued directing the
Chief Secretary of the State to constitute a high powered committee
comprising of heads of the department/secretaries including the
experts and other members who are found appropriate in the interest
of committee for taking a final decision relating to regularization of
services and taking a policy decision in the matter.
The State Of Jharkhand Through The ... vs Shasticharan Mahto on 26 June, 2018
C. The judgment passed by this Court in L.P.A. No. 348 of 2017 passed
in the case of State of Jharkhand versus Shasticharan Mahto does
not apply to the facts of the present case. In the said case before the
writ Court the petitioners were seeking regularization on class-IV
posts who were working in the capacity of daily wagers in the
Department of Forest and Environment, Government of Jharkhand
and the writ Court had directed the State to first examine whether at
the time the petitioners were engaged/ appointed or immediately
thereafter, post on which they were appointed/engaged were vacant
or not and if at the time of their appointment/ engagement the
sanctioned posts were vacant, the respondents state was directed to
consider granting benefit to the petitioners as they were appointed on
sanctioned vacant post. This aspect of the matter is apparent from
paragraph no. 6 and 7 of the judgment passed in the L.P.A. In the
present case, the petitioners have not been working against any
sanctioned vacant post accordingly the aforesaid judgment does not
apply to the facts and circumstances of this case. This is over and
above the fact that with respect to the present petitioners the writ
Court had directed for consideration of the case of the petitioners in
terms of the existing regularization policy and the impugned order
has been passed in the light of such directions only and it is an
admitted fact that the petitioners are otherwise not covered under the
existing regularization policy of the State.
The State Of Jharkhand And Others vs Shasticharan Mahto And Others on 23 August, 2022
The
learned counsel has also relied upon a judgment passed by this Court
in L.P.A. No. 348 of 2017 and other analogous cases (State of
Jharkhand and others versus Shasticharan Mahto and others)
decided on 12.01.2023 and reported in 2023 (1) JBCJ 628 (HC) ,
paragraph 15, to submit that even if the post is not sanctioned the
order of regularization can be passed by considering the long length of
service.
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