The Court’s legal analysis and directives in the case regarding the regularization of daily-wage workers at agricultural research centers have far-reaching implications. The judgment outlines a phased approach to the regularization process, emphasizing seniority-cum-suitability and physical fitness. Discover how the Court’s decision sets a precedent for similar cases and upholds the rights of eligible workers to receive proper regularization.
Facts
- Daily-wage workers working in various capacities at agricultural research centers sought regularization of their services.
- Industrial Tribunal directed the appellant university to regularize the services of daily wagers who completed 10 years of service by 01.01.1993.
- Respondents filed writ petitions in the High Court seeking regularization as per the approved scheme by the State of Gujarat.
- Petitioners contended that they were eligible for absorption in Class IV posts as per the scheme.
- Despite colleagues benefiting from regularization, the respondents were denied the same.
- The High Court partly allowed the writ petition filed by the appellant university against the judgment of the industrial tribunal.
- The daily-wage employees shall be regularized in a phased manner based on seniority-cum-suitability and physical fitness.
- Daily wagers who have completed 10 years of continuous service with a minimum of 240 days in each calendar year but could not be regularized shall be treated as monthly rated employees.
- Regularization can be made phase wise, creating posts to absorb maximum workers who completed 10 years as of a specific date.
- A scheme for regularization of daily-rated laborers was framed and approved subject to modifications suggested by the court.
- All daily wagers who completed 10 years or more by a specific date shall be regularized as regular employees with certain conditions.
- Financial stringency is not a ground to deny regularization according to the scheme.
- The argument that all daily wagers cannot be regularized due to financial constraints was rejected.
- The State Government passed a resolution creating posts for absorption of daily wagers in the university.
- One of the conditions for absorption is that daily-rated wagers must possess the prescribed qualifications at the time of appointment.
- The first phase of absorption was directed to be completed within 3 months, with the scheme to be implemented expeditiously.
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Issue
- Whether the daily wagers/respondents are entitled to regularization of their services.
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Arguments
- Respondents are not entitled for regularization as there are no sanctioned posts available.
- Judgment of this Court dated 18.01.2001 in Gujarat Agricultural University does not survive after the judgment of this Court in Umadevi.
- Regularization as a one-time measure can only be for those irregularly appointed and worked for 10 years or more in duly sanctioned posts.
- Respondents are covered by the judgment of this Court in Gujarat Agricultural University.
- Scheme of the State of Gujarat directed regularization of daily wagers phase-wise.
- Right to be regularized in accordance with the scheme continues till all eligible daily-wagers are absorbed.
- Benefits given to the respondents by the judgment of the High Court will not be withdrawn.
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Analysis
- The submissions made on behalf of the university impressed the Court
- The judgment in Umadevi’s case overruled the judgment in Gujarat Agricultural University
- The judgment in Gujarat Agricultural University has become final and binding on the university
- The obligation on the university to implement the scheme by regularizing eligible daily wagers continued
- Any judgment contrary to the principles settled in Umadevi shall not be precedent
- Persons similarly situated to the respondents were absorbed by regularization on 17.10.2011
- The university demonstrated a discriminatory approach in conferring regularization benefits
- The regularization of the respondents’ services shall not be disturbed
- Creation of additional posts for absorption staggered phase-wise
- The observation in Umadevi’s case does not absolve the university from complying with the directions of the Court in the Gujarat Agricultural University case
- 890 posts were created for daily wagers who were absorbed, but further posts have not been created for remaining daily wagers seeking regularization
- The creation of 890 posts is the first stage of implementing the Court’s directions in Gujarat Agricultural University case
- There is no error in the Judgment of the High Court warranting interference by this Court.
- Eligible daily wagers are eagerly awaiting regularization as per the judgment in Gujarat Agricultural University’s case.
- The right of the respondents for regularization has been correctly recognized by the High Court.
Decision
- The appeals are dismissed
- The reasons for dismissing the appeals have been provided
Case Title: VICE CHANCELLOR ANAND AGRICULTURE UNIVERSITY Vs. KANUBHAI NANUBHAI VAGHELA (2021 INSC 358)
Case Number: C.A. No.-004443-004443 / 2021
