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Legislation

Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

13 Supreme Court judgments cite this Act.

STATE OF HARYANA AND ORS.versusSITA RAM AND ORS.

2013 INSC 73129 October 2013Appeal(s) allowed

The employees who had been engaged on a work‑charge basis in the Haryana Public Works Department sought to have their service counted as regular service for the purpose of obtaining benefits under the Haryana Civil Services (Assured Career Progression) Rules, 1998. The Punjab and Haryana High Court had allowed the peti

STATE OF KARNATAKA & ORS.versusGANPATHI CHAYA NAIK & ORS.

2010 INSC 5522 January 2010Case Allowed

The respondents, who were daily‑wage workers such as plantation watchmen, wireless operators and helpers, claimed regularisation of service after more than ten years of continuous employment. The State of Karnataka contended that the respondents were not recruited under the prescribed recruitment rules and that the reg

STATE OF BIHARversusUPENDRA NARAYAN SINGH & OTHERS

2009 INSC 38220 March 2009Appeal(s) allowed

The State of Bihar appealed against a High Court order that reinstated several employees appointed on an ad‑hoc basis in the Animal Husbandry Department. The Court examined whether those appointments complied with the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 and the constitutional guarantee

THE STATE OF BIHAR & ORS.versusDEVENDRA SHARMA

2019 INSC 115717 October 2019Disposed off

The case concerned a large number of appointments to Class III and Class IV posts in the Bihar Health Department that were made without sanctioned vacancies, advertisement or competent authority, many on forged documents. A State Committee classified the appointments as illegal, forged or irregular and termination orde

UNION OF INDIA AND OTHERSversusMISS PRITILATA NANDA

2010 INSC 40716 July 2010Hearing Adjourned

Miss Pritilata Nanda, a physically handicapped candidate, applied for a Class III post in South Eastern Railway, cleared the written and viva tests and was placed 11th in the merit list. Despite her selection, the railway refused to appoint her because her name had not been sponsored by an employment exchange, as requi

UNION OF INDIA AND ANR.versusKARTICK CHANDRA MONDAL AND ANR.

2010 INSC 4415 January 2010Appeal(s) allowed

The respondents were engaged as casual labourers in the Ordnance Factory Board from 1981 to 1983 and were disengaged because they were not recruited through the Employment Exchange as required then. They filed petitions before the Central Administrative Tribunal (CAT) seeking re‑engagement and regularisation, relying o

UNION OF INDIA & ORS.versusN. HARGOPAL & ORS.

1987 INSC 10513 April 1987Disposed off

The Supreme Court examined whether the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 applies to government establishments and whether it obliges any employer to recruit only candidates sponsored by employment exchanges. It held that government offices are "establishments in public sector" and th

SECRETARY, STATE OF KARNATAKA AND ORS.versusUMADEVI AND ORS.

2006 INSC 21610 April 2006Disposed off

The case concerned employees of the Karnataka Commercial Taxes Department who had been engaged on daily‑wage contracts since 1985‑86 and claimed, after more than ten years of service, that they were entitled to regularisation and the benefits of regular employees. The High Court had ordered that they receive wages equa

SURENDRA PRASAD TIWARIversusUTTAR PRADESH RAJYA KRISHI UTPADAN MANDI PARISHAD AND ORS.

2006 INSC 5888 September 2006Dismissed

Surendra Prasad Tiwari was engaged by the Uttar Pradesh Rajya Krishi Utpadan Mandi Parishad on a series of short‑term contractual appointments between 1989 and 1991, each with an automatic termination clause. After the last contract expired, his services were continued for about 14 years under an interim stay order of

PRINCIPAL, MEHAR CHAND POLYTECHNIC AND ANR.versusANU LUMBA AND ORS.

2006 INSC 5048 August 2006Case Partly allowed

The respondents were appointed as Assistant Computer Instructors on a purely temporary basis under a Community Polytechnics project funded by the Ministry of Human Resource Development. No vacancy had been advertised, nor was the post notified to the Employment Exchange, and the appointments were not made in accordance

REGIONAL MANAGER, SBI.versusMAHATMA MISHRA

2006 INSC 7731 November 2006Appeal(s) allowed

Mahatma Mishra was appointed by the State Bank of India as a temporary messenger for a fixed period of 88 days in 1982 and was terminated thereafter. He claimed that the termination violated Section 25‑H of the Industrial Disputes Act, 1947 and sought reinstatement with full back wages. The Labour Court held the termin

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