In Brief
A daily-wage chowkidar's regularization as a permanent employee was annulled after it was found he had not completed the required 3 years of service. He raised an industrial dispute claiming violation of dismissal protections in the Industrial Dispute Act. The High Court set aside the tribunal's dismissal, holding that a charge sheet and enquiry were mandatory before terminating a permanent employee. On appeal, the Supreme Court allowed the appeal and set aside the High Court order, holding that the regularization was void ab initio due to non-compliance with eligibility conditions, and therefore protections for permanent employees did not apply.
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