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Case Law Details

Case Name : Union Of India & Ors. Vs Vartak Labor Union (Supreme Court of India)
Appeal Number : Civil Appeal Nos. 2129- 2130 of 2004
Date of Judgement/Order : 04/03/2011
Related Assessment Year :
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Casual workers cannot claim regularization merely because they have been working for a considerable period of time

Summary :- The Supreme Court last week reiterated that casual workers cannot claim regularization merely because they have been working for a considerable period of time. It said that the law consistently laid down by it was that casual employment terminates when the same is discontinued. “Merely because a temporary or casual worker has been engaged beyond the period of his employment, he would not be entitled to be absorbed in regular service or made permanent, if the original appointment was not in terms of the process envisaged by the relevant rules,” the judgment stated allowing the appeal of the central government in the case of casual workers who have been engaged with six-monthly breaks up to 30 years. The Supreme Court set aside the order of the Gauhati high court which was contrary to the precedents in the case, and allowed the appeal of the government in the case, Union of India vs Vartak Labor Union.

FULL JUDGMENT

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

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