Sir, What is the meaning of irregular appointment and what is the difference between an irregular appointment and an illegal appointment? pl share your understanding.
From India, New Delhi
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From India, New Delhi
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Mr. Sunil, Is there any purpose for which you want this query to be answered or is it just to test knowledge of others ?
From India, Faridabad
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56From India, Faridabad
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Dear Sir,
The query is to understand an order related to the Divisional Bench of the Gujarat High Court in which the honorable judge quoted as follows:
"If the aspect of public advertisement is considered not a ground to hold the appointment as illegal by denying the plea of the employer as stated above when the matter pertains to conferment of benefits to the workmen under the Act, it can hardly be said that the appointments were illegal. At most, it may be irregular."
I would like to comprehend what the judge meant to convey by understanding the terms "illegal appointment" and "irregular appointment." Kindly assist me.
Regards,
Sunil
Baroda, Gujarat
From India, New Delhi
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The query is to understand an order related to the Divisional Bench of the Gujarat High Court in which the honorable judge quoted as follows:
"If the aspect of public advertisement is considered not a ground to hold the appointment as illegal by denying the plea of the employer as stated above when the matter pertains to conferment of benefits to the workmen under the Act, it can hardly be said that the appointments were illegal. At most, it may be irregular."
I would like to comprehend what the judge meant to convey by understanding the terms "illegal appointment" and "irregular appointment." Kindly assist me.
Regards,
Sunil
Baroda, Gujarat
From India, New Delhi
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Illegal means it is violative of law, and irregular means not strictly complying with the regulations/rules applicable. An illegal appointment is quashed, but irregular appointments need not be quashed; they may not be quashed unless there is a serious irregularity.
For instance, an appointment made without advertising the post is illegal and is liable to be quashed, but an appointment made without advertising the post in the required number of newspapers would be irregular.
From India, Mumbai
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For instance, an appointment made without advertising the post is illegal and is liable to be quashed, but an appointment made without advertising the post in the required number of newspapers would be irregular.
From India, Mumbai
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Sir,
If in an organization a certain number of positions are sanctioned for permanent vacancies to be filled, but the organization's management plays a trick and recruits individuals on a term or tenure basis, and appointments are made on a term or tenure basis against the sanctioned permanent vacancies or to fill them, would it be considered an illegal or irregular appointment?
Regards,
Sunil
From India, New Delhi
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If in an organization a certain number of positions are sanctioned for permanent vacancies to be filled, but the organization's management plays a trick and recruits individuals on a term or tenure basis, and appointments are made on a term or tenure basis against the sanctioned permanent vacancies or to fill them, would it be considered an illegal or irregular appointment?
Regards,
Sunil
From India, New Delhi
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Sir,
If in an organization, a certain number of vacancies are sanctioned by management for permanent positions to be filled by recruiting candidates as permanent employees against the sanctioned vacancies. However, if the organization's management plays a trick and recruits individuals on a term or tenure basis, making appointments on a temporary basis against the sanctioned permanent vacancies, would this be considered an illegal appointment or an irregular appointment?
From India, New Delhi
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If in an organization, a certain number of vacancies are sanctioned by management for permanent positions to be filled by recruiting candidates as permanent employees against the sanctioned vacancies. However, if the organization's management plays a trick and recruits individuals on a term or tenure basis, making appointments on a temporary basis against the sanctioned permanent vacancies, would this be considered an illegal appointment or an irregular appointment?
From India, New Delhi
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Hope you are referring to Fixed Term contract appointment.
Now, newly introduced Labor Codes empower private company employers to appoint personnel under a fixed period contract. Thus, they need not appoint any permanent personnel. Therefore, it cannot be called now as an illegal or irregular appointment.
From India, Aizawl
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Now, newly introduced Labor Codes empower private company employers to appoint personnel under a fixed period contract. Thus, they need not appoint any permanent personnel. Therefore, it cannot be called now as an illegal or irregular appointment.
From India, Aizawl
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Sir,
I am talking about the time between 1999 and 2010, before the newly introduced labor codes were declared. I am sure the newly enacted labor code or law will not be applicable for the recruitment made between 1999 and 2010. Moreover, it also applies to cases between 1999 and 2016 related to the labor class and employment that were filed at labor court, high court, divisional bench, and supreme court before the new labor laws and codes were declared or enacted.
Sunil
From India, New Delhi
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I am talking about the time between 1999 and 2010, before the newly introduced labor codes were declared. I am sure the newly enacted labor code or law will not be applicable for the recruitment made between 1999 and 2010. Moreover, it also applies to cases between 1999 and 2016 related to the labor class and employment that were filed at labor court, high court, divisional bench, and supreme court before the new labor laws and codes were declared or enacted.
Sunil
From India, New Delhi
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Sir,
I am talking about the period between 1999 and 2010 when recruitment was conducted on a term basis and tenure basis, before the newly introduced labor codes were declared. I am certain that the newly enacted labor code or law will not be applicable to the recruitment made between 1999 and 2010. This also applies to cases between 1999 and 2016 related to labor class and employment that were filed in labor court, high court, divisional bench, and supreme court before the new labor laws and codes were enacted.
Could you please clarify if it would be considered an illegal or irregular appointment/recruitment if an organization, with a certain number of sanctioned vacancies, intends to fill permanent vacancies by recruiting candidates as permanent employees against the sanctioned permanent vacancies, but the management instead makes appointments on a term or tenure basis? Will this practice be classified as an illegal or irregular appointment?
I am not inquiring about the applicability of the current labor code/law.
Sunil
Baroda
From India, New Delhi
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I am talking about the period between 1999 and 2010 when recruitment was conducted on a term basis and tenure basis, before the newly introduced labor codes were declared. I am certain that the newly enacted labor code or law will not be applicable to the recruitment made between 1999 and 2010. This also applies to cases between 1999 and 2016 related to labor class and employment that were filed in labor court, high court, divisional bench, and supreme court before the new labor laws and codes were enacted.
Could you please clarify if it would be considered an illegal or irregular appointment/recruitment if an organization, with a certain number of sanctioned vacancies, intends to fill permanent vacancies by recruiting candidates as permanent employees against the sanctioned permanent vacancies, but the management instead makes appointments on a term or tenure basis? Will this practice be classified as an illegal or irregular appointment?
I am not inquiring about the applicability of the current labor code/law.
Sunil
Baroda
From India, New Delhi
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Appointment of persons on short term basis against permanent vacancy is an Únfair Labour Practise' as mentioned in Schedule V read with Section Section 2 (ra) of the ID Act 1947. So it is illegal appointment.
From India, Mumbai
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From India, Mumbai
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Hi Sunil,
I received your message regarding irregular appointments and the mention of this term by a judge in a judgment from the honorable divisional bench. As you asked, I can provide some insights on this topic.
An irregular appointment typically refers to a hiring process that deviates from the usual or prescribed procedures. It may imply that the appointment was made in a manner that could be considered unconventional or not in accordance with established norms.
When a judge mentions irregular appointment in a judgment, it suggests that the validity or legality of the appointment may have been questioned or scrutinized due to the irregularities in the process.
If you have any specific concerns or questions about irregular appointments or if you need further clarification on this matter, feel free to ask. I would be happy to discuss this topic further with you.
Best regards,
[Your Name]
Baroda
From India, New Delhi
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I received your message regarding irregular appointments and the mention of this term by a judge in a judgment from the honorable divisional bench. As you asked, I can provide some insights on this topic.
An irregular appointment typically refers to a hiring process that deviates from the usual or prescribed procedures. It may imply that the appointment was made in a manner that could be considered unconventional or not in accordance with established norms.
When a judge mentions irregular appointment in a judgment, it suggests that the validity or legality of the appointment may have been questioned or scrutinized due to the irregularities in the process.
If you have any specific concerns or questions about irregular appointments or if you need further clarification on this matter, feel free to ask. I would be happy to discuss this topic further with you.
Best regards,
[Your Name]
Baroda
From India, New Delhi
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Dear Sir,
It is wonderful and surprising that there is not a single capable, efficient, and knowledgeable individual in the CiteHR team who can tell the difference between illegal employment and irregular employment.
Regards,
Sunil
From India, New Delhi
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It is wonderful and surprising that there is not a single capable, efficient, and knowledgeable individual in the CiteHR team who can tell the difference between illegal employment and irregular employment.
Regards,
Sunil
From India, New Delhi
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Hi Sunil,
During 2013, I filed a case against a public sector organization at the labor court in Ahmedabad regarding my illegal termination from employment. Now, it is in the final argument stage and decision.
In case the management of the organization decides to reinstate me as a permanent employee and offers the permanent appointment order only if I withdraw my case from the labor court, should I withdraw my case first or demand some documentary proof of appointment?
Regards,
Sunil
From India, New Delhi
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During 2013, I filed a case against a public sector organization at the labor court in Ahmedabad regarding my illegal termination from employment. Now, it is in the final argument stage and decision.
In case the management of the organization decides to reinstate me as a permanent employee and offers the permanent appointment order only if I withdraw my case from the labor court, should I withdraw my case first or demand some documentary proof of appointment?
Regards,
Sunil
From India, New Delhi
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