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Supreme Court of India 2019-03-08 allowed

THE ELECTRONIC CORPORATION OF INDIA LIMITED vs M. SHIVANI

Bench: 2 — Uday Umesh Lalit, Indu Malhotra

In Brief

The Electronic Corporation of India Limited sought to overturn a High Court Division Bench decision that had granted age relaxation to employees engaged through outsourcing agencies for recruitment to Tradesman-B positions. The Supreme Court held that the advertisement clearly restricted age relaxation to direct employees with tenure-based contracts who received employee codes and service certificates. Since the respondents were engaged through a third-party manpower agency with no direct employer-employee relationship with the Corporation, they could not claim the specified age relaxation. The Court upheld the Single Judge's dismissal and reversed the Division Bench's order, emphasizing that extending benefits beyond the advertisement's clear terms would invite cascading claims and undermine recruitment fairness.

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Administrative Law Employment Recruitment Age Relaxation Writ Jurisdiction High Court Appeals

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