#Continuous Service

The Madhya Pradesh High Court has ruled that a workman’s uninterrupted service over 14 years, despite being engaged under successive one-month contracts, qualifies as continuous service under the Industrial Disputes Act. This entitles him to statutory protections against retrenchment - including notice and compensation - regardless of formal appointment status, reinforcing that substance overrides form in employment rights.

Uttarakhand High Court rules that 23 years of uninterrupted daily wage service in a regular vacancy qualifies as 'continuous service' under Rule 2(a)(iii) of the U.P. Recruitment of Dependants Rules, 1974, entitling dependants to compassionate appointment. The judgment underscores that long-term daily wagers cannot be denied benefits merely due to lack of formal appointment, directing reconsideration for engagement even on contractual basis.

The J&K High Court ruled that excluding a senior adhoc employee with over two decades of service while regularizing junior staff violates the equality guarantee under Article 14. The repeal of enabling statutes cannot justify such arbitrariness, affirming that legitimate expectation and non-discrimination bind state action even in adhoc appointments.

Supreme Court rules that an employer cannot deny back wages from the date an employee completes 180 days of service, even if formal regularisation is delayed for years. The final Industrial Court order on regularisation operates as res judicata, binding the employer to pay arrears regardless of procedural delays.

The Calcutta High Court ruled that casual security guards with over three decades of uninterrupted service cannot be denied absorption merely because their duties were later outsourced post-merger. The judgment affirms that statutory rights under the Industrial Disputes Act override administrative reclassification, setting a precedent for long-serving temporary workers in merged public sector entities.

The Madhya Pradesh High Court has ruled that an employee’s period treated as 'dies non' - where no wages are due but service is uninterrupted - must still be counted toward qualifying service under the Payment of Gratuity Act. This ensures that reinstated employees are not penalized for administrative delays or procedural technicalities, safeguarding their statutory right to full gratuity based on cumulative tenure.

The Chhattisgarh High Court has ruled that a daily wage worker with over 240 days of service in each calendar year for two decades is entitled to regularization, even without formal appointment, as Section 25F of the Industrial Disputes Act protects continuous service regardless of employment label. This sets a critical precedent for thousands of unorganized sector workers denied permanent status despite long-term, uninterrupted service.

Bombay High Court rules that OBC candidates appointed under MEPS Act Section 9(9)(a) are entitled to permanency after three years of continuous service, even if initial vacancies were reserved for SC/ST/NT categories. The judgment reinforces reservation policy compliance while ensuring service law protections for marginalized communities in public employment.

Bombay High Court rules that termination violating Section 25F of the Industrial Disputes Act remains illegal even post-superannuation, but reinstatement is impracticable. Instead, the court awards ₹2 lakh as just monetary compensation, setting a precedent for retired workers denied procedural fairness.

Bombay HC rules that an employer's failure to produce salary and attendance records-when in its control-shifts the burden of proof, entitling superannuated workers to monetary compensation for illegal termination. The judgment reinforces that adverse inference applies even where continuous service is disputed, offering a critical remedy for workers denied reinstatement.