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Supreme Court of India 2018-08-01 allowed

Narendra Kumar Tiwari & Ors. etc vs State of Jharkhand & Ors. etc

Bench: 2 — Madan B. Lokur

In Brief

Irregularly appointed daily-wage workers of Jharkhand sought regularisation after completing 10 years of service. The High Court rejected their plea, strictly interpreting the Umadevi decision's cut-off date of 10 April 2006, noting Jharkhand was created after that date. The Supreme Court allowed the appeals, holding that regularisation rules must receive pragmatic interpretation. Employees completing 10 years by the regularisation rule's promulgation date are entitled to regularisation unless misconduct or other valid objection exists. A strict literal reading would make the rules meaningless and perpetuate the unconstitutional practice of indefinite irregular employment.

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Constitutional Law Labour and Employment Administrative Law Regularisation of Services Public Sector Employment

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