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Guru Ghasidas Central University vs. Union Of India

Court:Supreme Court of India
Judge:Hon'ble Hrishikesh Roy
Case Status:Disposed
Order Date:10 Apr 2024
CNR:SCIN010462072023

AI Summary

The Supreme Court has dismissed the Guru Ghasidas University's appeal, affirming the High Court's directive to regularize daily wage workers who have served for over two decades. This decision brings a crucial resolution for long-serving employees, upholding their right to job security and regularization benefits.

Ratio Decidendi:
The Supreme Court will not interfere with a High Court's direction for regularization of daily wagers who have worked for over two decades when the basis for such a direction is found to be sound and equitable.

Case Identifiers

Primary Case No:Diary No. 46207/2023
Case Type:Special Leave Petition (Civil)
Case Sub-Type:SLP - Service Matter (Regularization)
Secondary Case Numbers:Diary No. 46041/2023, Diary No. 46046/2023, Diary No. 45986/2023, Diary No. 46207/2023, Diary No. 46087/2023, Diary No. 45997/2023, Diary No. 46043/2023, Diary No. 46208/2023, 11805/2024
Order Date:2024-05-15
Filing Year:2023
Court:Supreme Court of India
Bench:Division Bench
Judges:Hon'ble Hrishikesh Roy, Hon'ble Prashant Kumar Mishra

Petitioner's Counsel

Haresh Raichura
Advocate On Record - Appeared
Saroj Raichura
Advocate - Appeared
Kalp Raichura
Advocate - Appeared
Rajat Vats
Advocate - Appeared
Rajat Vays
Advocate - Appeared

Respondent's Counsel

Deepali Pandey
Advocate - Appeared
Sahil Tagotra
Advocate On Record - Appeared
Sujay Jain
Advocate - Appeared
Sakshi Garg
Advocate - Appeared

Advocates on Record

Haresh Raichura
Sahil Tagotra

eCourtsIndia AITM

Brief Facts Summary

Guru Ghasidas University challenged a High Court order from Chhattisgarh, dated 22-06-2023, which mandated the regularization of its daily wage employees who had rendered over two decades of service. The Supreme Court, after condoning delays and hearing arguments, reviewed the High Court's basis for regularization and ultimately dismissed the Special Leave Petitions, thereby upholding the original direction.

Timeline of Events

Prior to 2023

Daily wage workers employed by Guru Ghasidas University for over two decades.

2023-06-22

High Court of Chhattisgarh at Bilaspur issues an order (WA No. 260/2023) directing regularization of daily wagers.

2023-11-04

Special Leave Petition (Diary No. 46207/2023) filed by Guru Ghasidas University in the Supreme Court.

2024-05-15

Supreme Court hears and dismisses the Special Leave Petitions, condoning delays and closing all pending applications.

Key Factual Findings

Daily wagers have been working for Guru Ghasidas University for over two decades.

Source: Recited from Lower Court Judgment/Implicit in Court's reasoning

The High Court's direction for regularization was based on a sound foundation.

Source: Current Court Finding

Primary Legal Issues

1.Whether the High Court's direction for regularization of daily wage workers, serving for over two decades, warrants interference by the Supreme Court.

Secondary Legal Issues

1.Condonation of delay in filing Special Leave Petitions.
2.Disposal of pending interlocutory applications including intervention/impleadment applications.

Questions of Law

Whether the basis for regularization of daily wagers working for over two decades, as directed by the High Court, is legally sound and free from perversity.

Petitioner's Arguments

The petitioner, Guru Ghasidas University, challenged the High Court's direction for regularization of its daily wage workers, implicitly arguing against the legality or feasibility of such regularization.

Respondent's Arguments

The respondents, including the daily wage workers, defended the High Court's order, asserting their right to regularization based on their long-term service of over two decades.

Court's Reasoning

The Supreme Court, having considered the foundation of the High Court's direction for regularizing daily wagers with over two decades of service, found no compelling reason to interfere with that impugned direction. This implies the High Court's rationale was considered just and legally sound.

Judicial Philosophy Indicators:
  • Emphasis on equitable principles and protection of long-serving vulnerable employees.
Order Nature:Substantive
Disposition Status:Disposed
Disposition Outcome:Dismissed

Impugned Orders

High Court of Chhattisgarh at Bilaspur
Case: WA No. 260/2023
Date: 2023-06-22

Specific Directions

  1. 1.Delay condoned.
  2. 2.The Special Leave Petitions are accordingly dismissed.
  3. 3.Pending application(s), if any, including impleadment/intervention application(s) shall stand closed.

Precedential Assessment

Persuasive (Reinforces existing principles)

The Supreme Court affirmed the High Court's decision to regularize long-serving daily wagers, setting a persuasive precedent for similar service law cases, though it does not lay down entirely new law but strengthens existing principles of equity in employment.

Tips for Legal Practice

1.Advocates representing daily wagers should emphasize length of service (two decades or more) as a strong basis for regularization, especially when seeking relief from High Courts.
2.Universities and public bodies challenging regularization orders must demonstrate strong grounds beyond general policy, as the Supreme Court is reluctant to interfere with equitable directions for long-serving employees.
3.Ensure all procedural delays (like in filing SLP) are accompanied by valid condonation applications, though substantive merits remain paramount for the Court's final decision.

Legal Tags

Supreme Court confirms regularization of daily wage employeesDaily wagers rights upheld by Supreme Court of IndiaService law principles on employee regularization in IndiaNon-interference with High Court regularization directionsGuru Ghasidas University employment law challenge dismissed

Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.

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Order Text

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 46041/2023

(Arising out of impugned judgment and order dated 22-06-2023 in WA No. 260/2023 passed by the High Court of Chhattisgarh at Bilaspur)

GURU GHASIDAS UNIVERSITY BILASPUR & ANR. Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.41943/2024-CONDONATION OF DELAY IN FILING and IA No.41944/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.41945/2024-EXEMPTION FROM FILING O.T. and IA No.41946/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

WITH

Diary No(s). 46046/2023 (IV-C) (IA No.47403/2024-CONDONATION OF DELAY IN FILING and IA No.47405/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.47406/2024-EXEMPTION FROM FILING O.T. and IA No.47407/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

Diary No(s). 45986/2023 (IV-C) (IA No.41840/2024-CONDONATION OF DELAY IN FILING and IA No.41841/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.41842/2024-EXEMPTION FROM FILING O.T. and IA No.41844/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

Diary No(s). 46207/2023 (IV-C)

(FOR ADMISSION and I.R. and IA No.62522/2024-CONDONATION OF DELAY IN FILING and IA No.62524/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.62525/2024-EXEMPTION FROM FILING O.T. and IA No.107718/2024-INTERVENTION/IMPLEADMENT and IA No.62523/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

Diary No(s). 46087/2023 (IV-C)

(FOR ADMISSION and I.R. and IA No.60949/2024-CONDONATION OF DELAY IN FILING and IA No.60953/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.60954/2024-EXEMPTION FROM FILING O.T. and IA No.107713/2024-INTERVENTION/IMPLEADMENT and IA No.60952/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) Digitally signed by NITIN TALREJA Date: 2024.05.17 10:06:35 IST Reason: Signature Not Verified

1

Diary No(s). 45997/2023 (IV-C)

(FOR ADMISSION and I.R. and IA No.61369/2024-CONDONATION OF DELAY IN FILING and IA No.61371/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.61372/2024-EXEMPTION FROM FILING O.T. and IA No.108004/2024-INTERVENTION/IMPLEADMENT and IA No.61374/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

Diary No(s). 46043/2023 (IV-C) (IA No.41313/2024-CONDONATION OF DELAY IN FILING and IA No.41315/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.41316/2024-EXEMPTION FROM FILING O.T. and IA No.107710/2024-INTERVENTION/IMPLEADMENT and IA No.41314/2024- CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

Diary No(s). 46208/2023 (IV-C) (FOR ADMISSION and I.R. and IA No.64712/2024-CONDONATION OF DELAY IN FILING and IA No.64714/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.64715/2024-EXEMPTION FROM FILING O.T. and IA No.107716/2024-INTERVENTION/IMPLEADMENT and IA No.64713/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

Date : 15-05-2024 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

For Petitioner(s)Mr. Haresh Raichura, AOR
Mr. Saroj Raichura, Adv.
Mrs. Saroj Raichura, Adv.
Mr. Kalp Raichura, Adv.
Mr. Rajat Vats, Adv.
Mr. Rajat Vays, Adv.
For Respondent(s)Ms. Deepali Pandey, Adv.

Mr. Sahil Tagotra, AOR Mr. Sujay Jain, Adv. Ms. Sakshi Garg, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. Delay condoned.

2. Heard Mr. Haresh Raichura, learned counsel appearing for the Guru Ghasidas University.

3. Having considered the basis for the direction for

regularisation for the daily wagers working for over two decades, we see no reason to interfere with the impugned direction of the High Court. The Special Leave Petitions are accordingly dismissed. 4. Presence of Ms. Deepali Pandey, learned counsel appearing on behalf of private respondents is noted, for the purpose of record. 5. Pending application(s), if any, including impleadment/ intervention application(s) shall stand closed.

(NITIN TALREJA) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

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