therefore, proposed to insert a new section 94A to enable regularisation of such unauthorised occupation in deserving cases on conditions appropriate to the circumstances ... regularise the exemption already granted, and to provide for the regularisation of certain conversions which conform to building laws and prescribed rules etc., by compounding
Constitution of India, 1950:
Articles 14 , 16 , 32 , 136 , 226 and 309-
Regularisation/absorption of adhoc and temporary employees
of State Governments and work-charged ... High Court-
Justification of-Orders of State Government prescribing
eligibility criteria for regularisation-Whether arbitrary,
unreasonable and discriminatory-Interference by Court in
service matters-when
High Court to issue a direction for framing a
scheme for regularisation of the employees of the U.P. State Agricultural
Produce Market Board ... passed by the
Board on or about 30th September, 1996 proposing regularisation of the
services of those employees who have completed one thousand days
prescribing promotion, selection or
competitive examination as methods of recruitment.
Therefore the regularisation was in violation of the
Article. [808 A-D]
Champaklal Chimanlal Shah ... contention that a rule under Art. 309 for
regularisation would itself be a form of recruitment read
with reference to the power under
Class IV employees. Taking aid thereof, it is claimed that
regularisation of many of them including most of the
appellants, was made. When alarming bells ... there were
no orders for appointment there would remain no
question of regularisation of such initially illegal
appointments. To confer permanency of appointment
whether the State had the requisite authority to direct regularisation of
services of the employees of the cooperative societies by reason of the
impugned GOMs ... legislative recruitment policy. The said provisions are, thus, mandatory in
nature.
Regularisation, in our considered opinion, is not and cannot be the
mode of recruitment
before the High
Court of Madras for seeking regularisation of their services. The said
Writ Petitions were allowed by the common judgment and order dated ... this Court dealt with the issue of regularisation of part-time
employees and the court refused the relief on the ground that part-
timers
considered the core issue nor had referred to the fact that
regularisation cannot be a mode of recruitment. The
Tribunal failed to notice a large ... Apex Court wherein it has clearly been held that an order
of regularisation must be based upon the relevant
provision of the statute or statutory
reasons; Firstly, the words "regular" or "regularisation" do
not connote permanence. They are terms calculated to condone
any procedural irregularities ... under Article 309 of the Constitution of India are in force,
no regularisation is permissible in exercise of the
executive powers of the Government under
scale and also to frame a scheme for the
regularisation of such daily rated labourers. The appellant
not satisfied filed letters patent appeals.
The Special ... objections of the respondents with respect to
the proposed scheme for the regularisation of daily rated
workers. The proposed scheme is reproduced below:
SCHEME
