Case Note & Summary
The State of Maharashtra, through the Medical Education and Drugs Department, challenged the judgment and order dated 26.08.2022 of the Maharashtra Administrative Tribunal in O.A. No.335/2020. The Tribunal had partly allowed the application of Arjun Nivrutti Pache, directing the State to regularize his services as a Peon in Class-IV category with effect from 27.07.2011 with all consequential service benefits. The respondent was initially appointed as a daily wager on 21.09.1996 at the Health Training Squad, Paithan. He was given 29-day appointments with artificial breaks of a day or two after each spell. The Tribunal found that the respondent had completed 240 days of continuous service and was entitled to regularization. The High Court, exercising its writ jurisdiction, considered the judgments in Municipal Council, Tirora v. Tulsidas Baliram Bindhade, Mukhyadhikari, Nagar Parishad, Tuljapur v. Vishal Vijay Amrutrao, and Municipal Council Tuljapur v. Baban Hussain Dhale. The Court held that the artificial breaks introduced by the employer were not genuine and could not defeat the claim of continuous service. The Court dismissed the petition, upholding the Tribunal's order for regularization from 27.07.2011 with all consequential benefits.
Headnote
A) Service Law - Regularization - Daily Wager - Continuous Service - The respondent was appointed as a daily wager on 21.09.1996 and given 29-day appointments with artificial breaks. The Tribunal directed regularization from 27.07.2011. The High Court upheld the order, holding that the employee had completed 240 days of continuous service and the breaks were not genuine. (Paras 1-5) B) Service Law - Break in Service - Artificial Breaks - The employer introduced breaks of a day or two after each 29-day spell to avoid regularization. The Court held that such breaks are not genuine and cannot defeat the claim of continuous service. (Para 4) C) Service Law - Regularization - Consequential Benefits - The Tribunal directed regularization with all consequential service benefits as a regular employee. The High Court affirmed, noting that the employee had worked for over 15 years. (Para 5)
Issue of Consideration
Whether the Maharashtra Administrative Tribunal was justified in directing regularization of the respondent's services as a Peon from 27.07.2011 with all consequential benefits.
Final Decision
The High Court dismissed the writ petition, upholding the Tribunal's order directing regularization of the respondent's services from 27.07.2011 with all consequential benefits.
Law Points
- Regularization of daily wager
- continuous service
- 240 days condition
- break in service
- Maharashtra Administrative Tribunal jurisdiction
