Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2007 (10) TMI SC This

  • Login
  • Cases Cited
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2007 (10) TMI 668 - SC - Indian Laws


Issues involved: Regularization of daily wage employees of Cooperative Electric Supply Society in U.P. State Electricity Board, applicability of Board's decision dated 28.11.1996, discrimination between different sets of employees, interpretation of Article 14 of the Constitution.

Judgment Summary:

Regularization of Services: The appeal was filed against the judgment of the Allahabad High Court affirming the regularization of 34 daily wage employees of the Cooperative Electric Supply Society in the U.P. State Electricity Board. The employees were absorbed in the service of the Board after the Society was taken over. The employees contended that they should be treated the same as original Board employees for regularization.

Discrimination and Applicability of Board's Decision: The Single Judge and Division Bench held that there should be no discrimination between the original Board employees and those from the Society taken over by the Board. The employees from the Society, appointed before 4.5.1990, were entitled to the benefits of the Board's decision dated 28.11.1996 for regularization.

Interpretation of Article 14: The Court agreed with the lower courts that the employees from the Society should be deemed as Board employees from their original appointments. Denying them regularization benefits would violate Article 14 of the Constitution, ensuring equality before the law. The Court emphasized that the Constitution is supreme, and judgments must align with its principles.

Principles of Reasonableness and Non-Arbitrariness: Referring to previous judgments, the Court highlighted the importance of reasonableness and non-arbitrariness in government actions, as mandated by Article 14. Employees with long service periods should not be arbitrarily denied regularization, as it would violate their rights under the Constitution.

Conclusion: The appeal was dismissed as the Court found no merit in challenging the regularization of the employees from the Cooperative Electric Supply Society in the U.P. State Electricity Board. The employees were entitled to the benefits of the Board's decision dated 28.11.1996, and any denial of regularization would be against the principles of equality and reasonableness under Article 14 of the Constitution.

 

 

 

 

Quick Updates:Latest Updates