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Classification of employees | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Employees shall be classified as (i) permanent , (ii) permanent seasonal,(iii | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Probationers, (iv) Badlies, (v) Apprentices, and (vi) temporary | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
i | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A 'permanent' employee is one who has completed six months' satisfactory service in a clear vacancy in one or more posts whether as a probationer or otherwise, or a person whose name has been entered in the muster roll and who is given a ticket of permanent employee; (vi | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Temporary employee' means an employee who has been employed for work which is essentially of a temporary character, or who is temporarily employed as an additional employee in connection with the temporary increase in the work of a permanent nature; provided that in case such employee is required to work continuously for more than six months he shall be deemed to be a permanent employee, within the meaning of cl | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
i) above | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
DETERMINATION | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Respondent-Authority is a State within the meaning of Art | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
12 of the Constitution of India | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is, therefore, constitutionally obliged to strictly comply with the requirements of Arts | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
14 and 16 thereof before making any appointment | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is also not in dispute that the Respondent- Authority has been constituted under Madhya Pradesh Nagar Tatha Gram Nibesh Adhiniyam, 1973 (Adhiniyam); S. 47 whereof mandates that all appointments to the posts of officers and servants included in the State cadre mentioned in Section 76-B of the Development Authority Services must be made by the State Government and the appointments to the posts of officers and servants included in the local cadre in the said services by the concerned Town and Country Development Authority | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The proviso appended to S. 47 of the Adhiniyam further mandates that no post shall be created in any authority without the prior sanction of the State Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Section 76B provides for constitution of development authorities service | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is also not in dispute that the State Government in exercise of its rule making power conferred upon it u/s | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
85 of the Adhiniyam has made rules known as 'M.P. Development Authority Services (Officers and Servants) Recruitment Rules, 1987 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The posts of Sub Engineers in which the Appellants were appointed | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
it is nobody's case, were sanctioned ones | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Concededly, the Respondent Authority before making any appointment neither intimated the Employment Exchange about the existing vacancies, if any, nor issued any advertisement in relation thereto | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Indisputably, the conditions precedent for appointment of the officers and servants of the Authority, as contained in the Service Rules had not been complied with | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appointments of the Appellants were, therefore, void ab initio being opposed to public policy as also violative of Arts | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
14 and 16 of the Constitution of India | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The question, therefore, which arises for consideration is as to whether they could lay a valid claim for regularization of their services | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The answer thereto must be rendered in negative | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Regularisation cannot be claimed as a matter of right | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
An illegal appointment cannot be legalized by taking recourse to regularization | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
What can be regularized is an irregularity and not an illegality | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Constitutional Scheme which the country has adopted does not contemplate any backdoor appointment | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A State before offering public service to a person must comply with the Constitutional requirements of Arts | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
14 and 16 of the Constitution | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
All actions of the State must conform to the Constitutional requirements | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A daily wager in absence of a statutory provision in this behalf would not be entitled to regularization | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
See State of U.P. & Others Vs | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Ajay Kumar, (1997) 4 SCC 88 1997 Indlaw SC 833, Jawaharlal Nehru Krishi Viswa Vidyalaya, Jabalpur, M.P. Vs | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Bal Kishan Soni and Others (1997) 5 SCC 86] 1997 Indlaw SC 928 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In Hindustan Shipyard Ltd. and Others vs. Dr. P. Sambasiva Rao and Others [(1996) 7 SCC 499] 1996 Indlaw SC 3441, a Division Bench of this Court observed | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The process of regularization involves regular appointment which can be done only in accordance with the prescribed procedure | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Having regard to the rules which have been made by the appellant-Corporation, regular appointment on the post of medical officer can only be made after the duly constituted Selection Committee has found the person suitable for such appointment | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In A. Umarani vs. Registrar, Cooperative Societies and Ors | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
JT 2004 (6) SC 110], 2004 Indlaw SC 606 a three-Judge Bench of this Court of which we were members upon taking into consideration a large number of decisions held : "Although we do not intend to express any opinion as to whether the cooperative society is a "State" within the meaning of Art | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
but it is beyond any cavil of doubt that the writ petition will be maintainable when the action of the cooperative society is violative of mandatory statutory provisions | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In this case except the Nodal Centre functions and supervision of the cooperative society, the State has no administrative control over its day to day affairs | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The State has not created any post nor they could do so on their own | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The State has not borne any part of the financial burden | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was, therefore, impermissible for the State to direct regularization of the services of the employees of the cooperative societies | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Such an order cannot be upheld also on the ground that the employees allegedly served the cooperative societies for a long time | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Yet recently in Pankaj Gupta & Ors., etc | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
vs. state of Jammu & Kshmir & Ors | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
JT 2004 (8) SC 531] 2004 Indlaw SC 729, a Division Bench of this Court opined : "No person illegally appointed or appointed without following the procedure prescribed under the law, is entitled to claim that he should be continued in service | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In this situation, we see no reason to interfere with the impugned order | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appointees have no right for regularization in the service because of the erroneous procedure adopted by the concerned authority in appointing such persons | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
CASE LAW RELIED UPON BY THE APPELLANT | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In Dr. A.K. Jain and Others etc | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
vs. Union of India and Others [1987 (Supp | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
SCC 497 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1987 Indlaw SC 28778, this Court did not lay down any law | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was, in fact, held that as the Petitioners therein were not regularized in accordance with the prescribed rules and regulations for regular appointments, their services had to be terminated and as such there had been neither any arbitrary nor illegal action on the part of the respondents nor any violation of the Fundamental Rights guaranteed under Arts | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
14 and 16 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
However, having regard to the facts and circumstances of the said case, some directions were issued presumably in terms of Art | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
142 of the Constitution | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In Hindustan Shipyard Ltd | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1996 Indlaw SC 3441 (supra) this Court also distinguished the said decision | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In Niadar and Another vs. Delhi Administration and Another [(1992) 4 SCC 112] 1988 Indlaw SC 244, again no law has been laid down | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It appears that there existed a scheme for regularization and some directions were issued in terms thereof | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The said decisions, thus, are of no assistance in this case | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
APPLICATION OF THE ACT AND THE RULES | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The 1961 Act was enacted to provide for rules defining with sufficient precision in certain matters the conditions of employment of employees in undertakings in the State of Madhya Pradesh | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
By reason of the provisions of the said Act, application of Standard Standing Orders to undertakings has been provided in terms whereof the matters to be provided in the Standard Standing Orders have been specified | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Under sub-s | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1) of Section 6, the State Government may, by notification, apply Standard Standing Orders to such class of undertakings and from such date as may be specified therein | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sub-s | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
2) of S. 6 reads as under : "Where immediately before the commencement of this Act standing order are in force in respect of any undertaking, such standing orders shall, until standard standing orders are applied to such undertaking under sub-s | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1) continue in force as if they were made under this Act | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No notification has been brought to our notice that the Standard Standing Orders had been made applicable to the Appellants | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is furthermore not in dispute that Adhiniyam came into force in 1973 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The statute, rules and regulations formed by the State govern the terms and conditions of service of the employees of the Respondent | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The terms of conditions of service contained in the 1973 Act and the 1987 Rules are not in derogation of the provisions contained in schedule appended to the 1961 Act | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The 1961 Act provides for classification of employees in five categories | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The 1973 Act, as noticed hereinbefore, clearly mandates that all posts should be sanctioned by the State Government and all appointments to the said cadre must be made by the State Government alone | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Even the appointments to the local cadre must be made by the Authority | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The said provisions were not complied with | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is accepted that no appointment letter was issued in favour of the Appellants | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Had the appointments of the Appellants been made in terms of the provisions of the Adhiniyam and Rules framed thereunder, the Respondent-Authority was statutorily enjoined to make an offer of appointment in writing which was to be accepted by the Appellants herein | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Who made the appointments of the Appellants to the Project or other works carried on by the Authority is not known | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Whether the person making an appointment had the requisite jurisdiction or not is also not clear | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We have noticed hereinbefore that in the case of Om Prakash Mondloi, the CEO made an endorsement to the effect that he may be tried in daily wages and should be entrusted with the work of progress collection of ODA work | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The said order is not an 'offer of appointment' by any sense of term | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It may be true that the Appellants had been later on put on a monthly salary but there is nothing on record to show as to how the same was done | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They might have been subjected to the provisions of the employees provident fund and might have been granted the benefit of leave or given some employment code and their names might have found place in the seniority list amongst others, but thereby they cannot be said to have been given a permanent ticket | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The so-called seniority list which is contained in Annexure P-27, whereupon strong reliance has been placed by Dr. Dhawan merely itself goes to show that it was prepared in respect of office muster employees | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The said seniority list was not prepared in terms of the classification of employees within the meaning of the 1961 Act and the rules framed there under but was based on the date of joining probably for the purpose of maintenance of records | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The 1973 Act or the rules framed there under do not provide for appointments on ad hoc basis or on daily wages | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The 1961 Act itself shows that the employees are to be classified in six categories, namely, permanent, permanent seasonal, probationers, badlies, apprentices and temporary | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The recruitments of the Appellants do not fall in any of the said categories | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
With a view to become eligible to be considered as a permanent employee or a temporary employee, one must be appointed in terms thereof | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Permanent employee has been divided in two categories (i) who had been appointed against a clear vacancy in one or more posts as probationers and otherwise; and (ii) whose name had been registered at muster roll and who has been given a ticket of permanent employee | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A 'ticket of permanent employee' was, thus, required to be issued in terms of Order 3 of the Standard Standing Orders | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Grant of such ticket was imperative before permanency could be so claimed | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Appellants have not produced any such ticket | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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