1994 LAB. I. C. 1914 ::(1994) 3 WLC (RAJ) 42 ::(1994) 2 Raj LR 65 ::(1995) 2 SCT 68

Rajasthan High Court

Hon'ble Judge(s): Rajesh Balia , J

(A) Industrial Disputes Act (14 of 1947) , S.25-G— Ad hoc appointee - Termination of services on ground of his non-selection through test held for regularisation-Cannot be assailed by pleading violation of S. 25-G or principles of retaining person junior in service while dispensing with services of seniors - Such selection or termination cannot attract plea of discrimination or arbitrariness vis-a-vis persons selected and retained in service. Ad hoc appointee - Termination of services - Appointee failing in test held for regularisation - His non-selection cannot be assailed by pleading retention of person junior to him in service.(1990) 1 Lab LN 982 (Guj), 1993 Writ LR (Raj) 14 and AIR 1994 SC 1343, Disting. Constitution of India , Arts.14, 16— (Para 36) (B) Constitution of India , Arts.14, 16— Ad hoc appointment-Regularisation - Method -Employer himself taking steps to regularise services of ad hoc appointees by subjecting them to job tests - Unsuccessful appointees cannot assail method of regularisation as arbitrary. Where the employer himself has taken steps to regularise the services of persons who have been appointed on ad hoc/temporary basis and continued for sufficiently long period to give a legitimate expectation of security ....