GUJARAT AGRICULTURAL UNIVERSITY versus RATHOD LABHU BECHAR AND ORS.

GUJARAT AGRICULTURAL UNIVERSITY versus RATHOD LABHU BECHAR AND ORS.

Daily wage workers who completed ten years of service as on 31-12-1999 must be regularised in a phased manner, eligibility criteria regarding minimum qualification must be relaxed where long service and experience exist, Government must create maximum possible posts for absorption, financial viability may justify phased absorption, but not denial, and those not yet absorbed are entitled to minimum wages as prescribed by Government.

Parties
Appellant: Gujarat Agricultural University; Respondents: Rathod Labhu Bechar and Ors.
Jurisdiction
India
Judgment Date
18 January 2001
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
Appeal disposed
Legal Topics
Regularisation of Daily Wage Workers, Unfair Labour Practice, Minimum Wages, Phased Absorption, Eligibility Criteria for Regularisation
Labour Law Regularisation of Daily Wage Workers Unfair Labour Practice Minimum Wages Phased Absorption Eligibility Criteria for Regularisation

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Parties

Gujarat Agricultural University

Appellant

Rathod Labhu Bechar and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether daily wage workers who completed 240 days/10 years should be regularised
  2. 2 Whether minimum qualification requirement can be relaxed for long-serving daily wage employees
  3. 3 Whether absorption must be in a phased manner considering financial viability

Ratio Decidendi

Daily wage workers who completed ten years of service as on 31-12-1999 must be regularised in a phased manner, eligibility criteria regarding minimum qualification must be relaxed where long service and experience exist, Government must create maximum possible posts for absorption, financial viability may justify phased absorption, but not denial, and those not yet absorbed are entitled to minimum wages as prescribed by Government.

Court Disposition

Appeal disposed

Orders

  • Scheme for regularisation of daily wage workers approved by University, as modified, is to be implemented.
  • Minimum qualification requirement to be relaxed for long-serving workers.