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Supreme Court of India 2019-01-08

Union of India & Ors vs Central Administrative Tribunal & Ors. etc. etc

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

The Union of India appealed against a High Court judgment affirming a Tribunal's direction to regularize casual workers at the Regional Training Institute based on a seniority list prepared under earlier orders. The Supreme Court held that although Uma Devi restricts casual worker regularization, it does not permit discrimination between similarly placed employees when a regularization exercise has been undertaken. The Court directed that regularization must strictly follow the seniority list at the original establishment, with notional pay fixation from juniors' joining dates. Workers who crossed superannuation age are entitled to retiral dues. The exercise must be completed within three months, with age relaxation granted if necessary.

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Administrative Law Labour Law Service Regularization Seniority Judicial Review Arbitrary Action

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