labour contractor
and was neither a casual labourer nor a temporary workman. He used to do
the work of coconut basin making, pit making, irrigation
K.Sulaiman vs State Of U.P. (1986) 1 Scc 637 on 22 November, 2011
That apart, the applicants were never absorbed or treated as temporary
status labourers by the UTL Administration.
9. Annexure.A9 has been relied upon ... Applicants therein that Casual Workmen who had put in 240 days as on
1.9.1993 will be granted temporary status for which Annexure.A7 produced
only to a workman whereas applicants do not belong to
any particular category of workman and are only outsiders engaged on
temporary basis ... provisional GDS is discharged from
service. He argued that GDSs are indeed workman coming within the
definition of the term under Section
only to a workman whereas applicants do not belong to
any particular category of workman and are only outsiders engaged on
temporary basis ... provisional GDS is discharged from
service. He argued that GDSs are indeed workman coming within the
definition of the term under Section
only to a workman whereas applicants do not belong to
any particular category of workman and are only outsiders engaged on
temporary basis ... provisional GDS is discharged from
service. He argued that GDSs are indeed workman coming within the
definition of the term under Section
first appointed either
substantively or in an officiating or temporary capacity.
Provided that officiating or temporary service is followed, without
interruption, by substantive appointment ... pointing out that there is a distinction between the workman
with the status of a temporary employee and one as casual labour with
temporary status
order Ext. W2 by the Labour
Court, Kozhikode that the workman had attained
temporary status, in the event of which management
has not given ... notice to the workman before
terminating his service. On this score alone, I am of
the view that workman is entitled to reinstatement in
service
Tribunal cannot direct
regularization of temporary appointees dehors the Rules, nor can
direct continuation of service of a temporary employee (whether
called a casual ... temporary employee. The distinction between
temporary and permanent employee is well settled. Whereas a permanent
employee has a right to the post, a temporary employee
regularise as a one-time measure, the services of such irregularly
appointed workmen, who have worked for ten years or more in duly
sanctioned posts ... hereby offered a
temporary appointment on contingent/temporary basis @
Rs_______ per day for unskilled nature of job in the temporary
industrial establishment at_______, project