Rajendra Kumar Gaur Vs Union of India and Others

Court No. - 6

Case :- WRIT - C No. - 20150 of 2006 Petitioner :- Rajendra Kumar Gaur Respondent :- Union Of India And Others Counsel for Petitioner :- Yatindra Shukla,Abrar Ahmad,Kamal Krishna Roy,Saurabh Srivastava Counsel for Respondent :- A.S.G.I. 2006/928,P.K. Mukerji,Pradeep Kumar Sinha,S.C.,Saral Srivastava

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Hon'ble Ajay Bhanot,J.

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Heard Sri Abrar Ahmad, learned counsel for the petitioner and Sri Pradeep Kumar Sinha, learned counsel for the respondents.

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The labour court has declined the relief of regularisation of service to the petitioner on the footing that the petitioner was not appointed against a permanent post. The following finding has been made:-

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"From the serious consideration of the rival contentions raised by the parties it is established that the workman's engagement is not against a permanent vacancy. It appears that the workman by means of the present exercise is attempting to gain his back door entry in the services of the management depriving the others who are to be engaged through the prescribed procedure of employment. The question of not regularising the services of the workman by the management, therefore, cannot be said to be illegal or unjustified."

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No rules for regularisation of the services of the petitioner have been brought before this Court nor were established before the court below.

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There is no infirmity in the award passed by the labour court. It is however, directed that the respondent no. 3, shall pay the minimum wages as notified by the competent authority under the Minimum Wages Act to the petitioner as and when they become due.

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It is open to the petitioner to apply for regularisation as per the law in case he is found eligible on future dates.

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The writ petition is disposed of.

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Order Date :- 23.10.2021 Pravin

Rajendra Kumar Gaur v. Union of India and Others

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Rajendra Kumar Gaur v. Union of India and Others

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