PREM RAM versus MANAGING DIRECTOR, UTIARAKHAND PEY JAL& NIRMAN NIGAM, DEHRADUNAND ORS.

PREM RAM versus MANAGING DIRECTOR, UTIARAKHAND PEY JAL& NIRMAN NIGAM, DEHRADUNAND ORS.

Both daily-wagers and work-charged employees must be treated on the same footing for regularization when the nature of their engagement is similar; appellant is entitled to regularization and retiral benefits from the date his juniors were regularized, but not arrears of salary.

Parties
Appellant: Prem Ram; Respondents: Managing Director, Uttarakhand Pey Jal & Nirman Nigam, Dehradun and Others
Jurisdiction
India
Judgment Date
15 May 2015
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed
Legal Topics
Regularization of Daily Wagers, Service Matters, Employment Classification
Labour Laws Regularization of Daily Wagers Service Matters Employment Classification

Case Brief

Summary, issues, holding and outcome

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Parties

Prem Ram

Appellant

Managing Director, Uttarakhand Pey Jal & Nirman Nigam, Dehradun and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether daily-wagers and work-charged employees are similarly placed for purposes of regularization
  2. 2 Whether appellant is entitled to regularization when juniors have been regularized

Ratio Decidendi

Both daily-wagers and work-charged employees must be treated on the same footing for regularization when the nature of their engagement is similar; appellant is entitled to regularization and retiral benefits from the date his juniors were regularized, but not arrears of salary.

Court Disposition

Appeal allowed

Orders

  • Orders of the High Court set aside
  • Appellant's writ petition disposed of directing regularization of appellant's service from date juniors were regularized