TaxTMI 
TaxTMI 
2021 (7) TMI 1482
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....r. Nachiketa Joshi, AOR, Ms. Sucheta Joshi, Adv. And Ms. Himadri Haksar, Adv. JUDGMENT L. NAGESWARA RAO, J.: Leave granted. 1. The point that arises for consideration in these appeals is whether the daily wagers/respondents are entitled for regularization of their services. 2. The appellant university engaged daily wagers at different agricultural research centers who are skilled, semiskilled, unskilled and field labourers. The daily-wage workers have been working as plumbers, carpenters, sweepers, pump operators, helpers, masons etc. An industrial dispute was raised by the daily wagers seeking regularization of their services. The Industrial Tribunal, Rajkot directed the appellant to regularize the services of all the daily-....
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....larized in a phased manner to the extent of available regular sanctioned posts/vacancies on the date of regularization and on the basis of seniority-cum-suitability including physical fitness. Such of those daily wagers who have completed 10 years of continuous service with a minimum of 240 days in each calendar year as on 31.12.1999 but could not be regularized shall be treated as monthly rated employees w.e.f. 01.01.2000 in the fixed pay without allowances. 4. The appeal filed by the university against the judgment of the High Court was disposed of by a judgment dated 18.01.2001 in Gujarat Agricultural University vs. Rathod Labhu Bechar & Ors. [(2001) 3 SCC 574]. It was argued on behalf of the appellant therein that it would not be pos....
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....at one point of time or in a phased manner, this Court observed that regularization can be made phase wise. It was made clear that posts should be created to absorb maximum number of workers who have completed 10 years as on 31.12.2000. The scheme proposed by the university was approved by this Court subject to certain modifications suggested. The additional regular posts required to be created by the university was directed to be done expeditiously. The first phase of absorption was directed to be completed within a period of 3 months and the scheme to be implemented expeditiously. 7. During the course of hearing, we were informed that the State Government passed a resolution on 01.04.2002 creating 890 posts for absorption of daily wage....
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.... the respondents by the judgment of the High Court will not be withdrawn. We make it clear that the regularization of the services of respondents shall not be disturbed. 11. We have heard Mr. P.S. Patwalia, learned senior counsel for the university and Mr. Nachiketa Joshi, learned counsel for the respondents. The main contention of the university is that after the judgment of this Court in Secretary, State of Karnataka and Ors. vs. Umadevi and Ors. [(2006) 4 SCC 1], the respondents are not entitled for regularization as there are no sanctioned posts available. Another submission made on behalf of the appellant is that the judgment of this Court dated 18.01.2001 in Gujarat Agricultural University (supra) does not survive after the judgmen....
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.... 12. It was brought to the notice of this Court by Mr. P.S. Patwalia, learned senior counsel for the university that 890 posts were created coterminous with the services of those daily wagers who have been absorbed in those posts. He made a valiant effort to impress upon this Court that no further posts have been created and therefore, the remaining daily wagers cannot claim regularization of their services. Creation of 890 posts is by way of implementation of the directions given by this Court in Gujarat Agricultural University (supra) at the first stage. There is no ambiguity in the directions given by this Court in Gujarat Agricultural University (supra) that the obligation on the part of the university to implement the scheme by regu....