M.P. HOUSING BOARD AND ANR. versus MANOJ SHRIVASTAVA

M.P. HOUSING BOARD AND ANR. versus MANOJ SHRIVASTAVA

A daily wager is not entitled to permanent employment status merely because he has worked for more than six months or 240 days; appointment must be made against a vacant post duly sanctioned and according to statutory rules. Any appointment contrary to statutory or constitutional requirements is void and confers no...

Source-derived case information.

Parties
Appellant: M.P. Housing Board; Respondent: Manoj Shrivastava
Jurisdiction
India
Judgment Date
24 February 2006
Procedural Posture
Civil Appeal / Decision on Appeal From Judgment and Order of Madhya Pradesh High Court
Outcome
appeal allowed
Legal Topics
Daily Wager Status, Permanent Employment, Regularization, Statutory Appointments, Industrial Relations
Labour Law Daily Wager Status Permanent Employment Regularization Statutory Appointments Industrial Relations

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

M.P. Housing Board

Appellant

Manoj Shrivastava

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From Judgment and Order of Madhya Pradesh High Court

Legal Issues

  1. 1 Whether a daily wager is entitled to permanent status though not appointed against a vacant sanctioned post nor following statutory law
  2. 2 Whether working for more than 240 days gives a legal right to regularization

Ratio Decidendi

A daily wager is not entitled to permanent employment status merely because he has worked for more than six months or 240 days; appointment must be made against a vacant post duly sanctioned and according to statutory rules. Any appointment contrary to statutory or constitutional requirements is void and confers no legal rights.

Court Disposition

appeal allowed

Orders

  • Impugned judgment is set aside.
  • Order of the Labour Court is set aside.