EXECUTIVE ENGINEER MAHARASHTRA STATE ELECTRICITY BOARD Vs. SUNIL SHANTRAM SATARKAR
LAWS(SC)-2017-5-86
SUPREME COURT OF INDIA
Decided on May 01,2017

Executive Engineer Maharashtra State Electricity Board Appellant
VERSUS
Sunil Shantram Satarkar Respondents

JUDGEMENT

KURIAN,J. - (1.) Delay condoned. Leave granted in CC Nos.1491-1492/2017 and 53-54/2017.
(2.) The appellants, who are common in all these appeals, are aggrieved essentially by the direction issued by the Industrial Court directing either reinstatement or regularization/permanency in Class IV. It is the case of the appellants that going by the dictum laid down by this Court in Secretary, State of Karnataka and Others v. Uma Devi and Others, reported in 2006(2) S.C.T. 462 : 2006 (4) SCC 1, the respondents cannot be regularized or granted permanency. Our particular reference is invited to paragraph 53 of the judgment.
(3.) Learned counsel appearing for the respondents on the other hand points out that even going by the judgment in Uma Devi (supra), the appellant was bound to consider the case of respondents as one time measure. Having not done that, the order passed by the Industrial Court and as confirmed by the High Court are only to be upheld in the peculiar facts of these cases. It is also pointed out by the respondents that in the case of similarly situated workmen, regularization orders have been granted. Learned counsel for the appellants submits that the orders will have to be verified.;


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