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Supreme Court of India 2022-11-24 allowed

Chief Executive Officer, Zilla Parishad, Thane& Ors vs Santosh Tukaram Tiware & Ors

Bench: 2 — M.R. Shah, M.M. Sundresh

In Brief

A contractual driver engaged temporarily by a Zilla Parishad (district council) to cover an urgent need until a tender process was completed sought regularisation as a permanent employee after ten years of service. The High Court quashed his termination and ordered regularisation. The Supreme Court reversed this, holding that duration of contractual service alone does not confer a right to permanency without proper selection procedures. The Court noted the employment was explicitly temporary and subject to termination upon completion of the tender process. When the tender was awarded to an agency, the termination was lawful. Regularisation requires either a formal selection process or evidence of unfair labour practice, not merely the passage of time.

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Labour and Employment Law Contractual Employment Regularisation Unfair Labour Practice Administrative Law

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