Summary
Casual workers at the Regional Training Institute, Allahabad were bypassed when juniors were regularised despite final earlier directions requiring a seniority list. The Supreme Court held that Umadevi could not justify discriminatory implementation. It directed consideration by seniority against existing Institute vacancies, rejected absorption in other establishments, affirmed notional benefits without back wages, and directed corresponding retiral dues and necessary age relaxation.
Issues
- Whether juniors could be preferred in implementing the earlier regularisation directions.
- How Umadevi’s one-time exercise applied to eligible workers omitted from consideration.
- What vacancy, pay, retirement and age-relaxation directions were warranted.
Held
- The original final orders required preparation of a seniority list and consideration of regularisation, not an unconditional mandamus to regularise. Once the Union implemented them, selecting juniors while bypassing seniors was manifestly arbitrary; Umadevi could not serve as a charter for such discrimination. (¶¶ 19, 20)
- A one-time regularisation exercise is not concluded by considering only a limited few. Eligible omitted employees must also be considered in continuation of that exercise, subject to Umadevi’s requirements rather than a general right arising from long service alone. (¶¶ 21, 22, 23)
- The direction for absorption in other establishments was unsustainable. Consideration must proceed strictly by the seniority list and in accordance with law against vacancies presently existing at the Institute. The rejected assertion that only those reporting for work had been regularised could not excuse departure from seniority. (¶¶ 13, 26)
- The denial of back wages and grant of notional pay and allowances were affirmed. Workers beyond superannuation were entitled to computation and payment of retiral dues on that basis. Necessary age relaxation must be granted and the exercise completed within three months of receipt of the judgment. (¶ 26)
Result
Appeals disposed of with modified directions: seniority-based consideration against existing Institute vacancies; notional benefits and consequential retiral dues affirmed, necessary age relaxation directed; three-month compliance. No costs.