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1 - 10 of 22 (0.25 seconds)Section 25G in The Industrial Disputes Act, 1947 [Entire Act]
Section 25H in The Industrial Disputes Act, 1947 [Entire Act]
Article 14 in Constitution of India [Constitution]
The Industrial Disputes Act, 1947
Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006
12. The rule of equality in public employment is a basic feature
of our constitution and if appointment is made flouting the rules, without
proper competition among qualified persons, the same would not confer any
right on the appointee. Assuming the appointment is contractual appointment
or daily wage or casual basis, the same would come to an end when it is
discontinued. Followed the decision of the Hon' ble Supreme Court reported in
(Secretary, State of Karnataka and others vs. Umadevi (3) and others) (2006)
4 Supreme Court Cases 1 ( Constitution Bench) cited supra. In that decision,
it was held that merely because a temporary employee or casual wage worker
continued for a time beyond the terms of his appointment, he would not be
entitled to be absorbed in a regular service or made permanent, merely on the
strength of such discontinuance, if the original appointment was not made by
following a due process of selection as envisaged by the relevant rules. In
that case, it was further held that it is not open to the Court to prevent the
regular recruitment a t the instance of temporary employees whose period of
employment has come to an end or of ad hoc employees who by the very nature of
their appointment do not acquire any right.