The Apex Court, while dismissing a plea filed by Anand Agriculture University, observed that the judgment passed in the Umadevi case does not absolve the appellant’s duty from complying with the direction passed in an earlier judgement.
Earlier, in the case of Gujarat Agricultural University v Rathod Labhu Bechar, the Supreme Court had directed phase wise regularization of daily wage labourers. The scheme proposed by the university had been approved by the court, with certain modifications.
However, writ petitions had been filed in the High Court of Gujarat, which sought for regularization in accordance with the said scheme. The court allowed the writ petitions and directed the university to treat the daily wagers as permanent employees’ from the date they had completed ten years of their service as daily wagers.
Currently, the university approached the apex court challenging the High Court order after the order had been passed in the Secretary, State of Karnataka and Ors. v Umadevi, contending that the respondents were not entitled to regularization as none of the sanctioned posts were available.
The counsel for the university urged that the Gujarat Agricultural University judgment did not sustain after the Umadevi verdict.
The apex court dismissed the appeal by observing that the eligible daily wagers had been eagerly waiting for the regularization, as directed in the Gujarat Agricultural University case. It referred to the Umadevi case and noted that the regularization as a one-time measure could only be in respect of those who were irregularly appointed and have worked for 10 years or more in duly sanctioned posts.
The court highlighted a Para 54 of Umadevi judgment wherein it was held that “any judgment which seemed to be contrary to principles settled in said case, shall be denuded of status as a precedent.” The court, therefore, upheld the direction of Gujarat High Court.
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