STATE MINERAL DEVELOPMENT CORPORATION LTD. AND ANR. ETC. versus VIJA Y KUMAR UPADHYA Y AND ANR. ETC.

STATE MINERAL DEVELOPMENT CORPORATION LTD. AND ANR. ETC. versus VIJA Y KUMAR UPADHYA Y AND ANR. ETC.

Employees who are senior to those already regularised are entitled to regularisation since previous orders have attained finality; difficulties in implementation arising from changes in establishment ownership do not negate these rights, but parties may convene a tripartite meeting to resolve such issues amicably.

Parties
Appellant: U.P. State Mineral Development Corporation Ltd.; Respondent: Vijay Kumar Upadhyay
Jurisdiction
India
Judgment Date
17 January 1997
Procedural Posture
Civil Appeal / Final Disposition
Outcome
appeals dismissed
Legal Topics
Regularisation of Service, Seniority, Benefit Extension
Service Law Regularisation of Service Seniority Benefit Extension

Case Brief

Summary, issues, holding and outcome

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Parties

U.P. State Mineral Development Corporation Ltd.

Appellant

Vijay Kumar Upadhyay

Respondent

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether senior employees who did not initially benefit from High Court's order for regularisation are also entitled to regularisation.
  2. 2 Whether difficulties arising from transfer to private sector or winding up affect the rights of the employees.

Ratio Decidendi

Employees who are senior to those already regularised are entitled to regularisation since previous orders have attained finality; difficulties in implementation arising from changes in establishment ownership do not negate these rights, but parties may convene a tripartite meeting to resolve such issues amicably.

Court Disposition

appeals dismissed

Orders

  • Appellant-Corporation shall regularise the services of respondents subject to suggestions for tripartite resolution.
  • Direction for contempt issued by the High Court may not be enforced.