others v. Umadevi (3) and others, (2006) 4 SCC 1
[hereinafter referred to as 'Umadevi (3) and others case (supra)'], it was
submitted ... engage employees on contract basis in case need so arises. Even
the facts of the case in Umadevi (3) and others' case (supra) were
judgment of the Hon'ble Supreme Court in. the case of Umadevi (supra). With the consent of the parties, the matters were heard after ... Constitution Bench of the Hon'ble Supreme Court in Umadevi 's case (supra) has laid down that it is only an irregularity
applicability of Constitution Bench in Umadevi's case
(Supra) in a case where regularisation is sought for in
pursuance of Article ... petitioner's case does not fall
within the principle laid down by the Supreme Court in
the case of Umadevi's case (Supra
there is a discrimination against the
similarly situated employee , in that case , the Umadevi 's case (Supra)
shall not come in operation. The State ... Chandrashekar 's case (Supra), is concerned, those authorities are
distinguishable to the facts of the present case. In both those cases,
point in issue
Amrish Sharma & Ors vs State Of Punjab & Ors on 26 February, 2024
Neutral
very obviously in terms of the ratio of the
judgment in Umadevis ' case (supra), services of employees cannot be
regularised and a proper method ... discriminated against.
39. Undoubtedly, the ratio of the judgment in Umadevis ' case would
otherwise prohibit any such appointment; yet, even in that case their
applicability of Constitution Bench in Umadevi's case
(Supra) in a case where regularisation is sought for in
pursuance of Article ... petitioner's case does not fall
within the principle laid down by the Supreme Court in
the case of Umadevi's case (Supra
judgment of Hon'ble the Supreme Court in Umadevi 's case (su-
pra). However, we find that the Tribunal has not correctly applied ... judgment
rendered in Umadevi 's case (supra). No doubt it is true that in Umadevi 's case
(supra) their Lordships
relying on or on the basis of para 53 in
Umadevi 's case (supra) vis-a-vis para 43 and other paragraphs thereof,
have ... been laid down in para 55
of the judgment in Umadevi case. Directions were issued in view of the
limited controversy. As indicated, the State
MRTU
and PULP Act . The claim of the workmen in that case was the benefit of
permanency on the ground of unfair labour practice which ... Courts provided
therein were not at all under consideration in the case
of Umadevi. As a matter of fact, the issue like the
present
