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In the docuemnt as attached above the staute holding sheer primacy is the "Administrative Tribunals Act, 1985"
The contents are as follows:-
Application Under Section 19 of the Administrative Tribunals Act, 1985
Particulars of the Applicant
As given in the Memo of Partie
Particulars of the Respondents
As given in the Memo of Parties.
. Impugned Order:
That the applicant is aggrieved by the action, rather inaction of the respondents in not regularizing the service of the applicant even after _____ years of service which act on the part of the respondents is arbitrary, malafide, illegal, ultra vires of the Articles 14, 16 and 19 of the Constitution of India and against the natural justice and the law laid down by the Hon'ble Supreme Court of India and this Hon'ble Tribunal.
That the applicant is also directing this application against non-payment of salary to the applicant equivalent to regular hands on the same and similar posts under the similar circumstances and with the same and the similar working conditions on the principles of Equal Pay for Equal Work as enunciated in the Constitution of India and upheld by the Hon'ble Supreme Court of India and this Hon'ble Tribunal in the catena of cases.
That the applicant declares that the subject matter is within the jurisdiction of this Hon'ble Tribunal.
That the applicant further declares that the application is within the limitation.
Facts of the Case:
That the applicant submits that he was appointed as a part-time class IV employee in ______ . Ever since the applicant has been continued as such without regularizing his services despite repeated requests and representations made by the applicant to the respondents.
2 That such an action on the part of the respondents is unreasonable, unconscionable and unjust even when the applicant has been retained in the service as a part-time employee for such a long period.
That here it would be pertinent to mention that the applicant was registered with the Employment Exchange. The name of the applicant was struck out by the Employment Exchange as the applicant was in the part-time employment of the respondents
That the applicant has always been working and discharging his duties with great zeal and fervour and to the entire satisfaction of his superiors. The respondents have been extracting a full-time work from the applicant even though the applicant is only a part-time worker. The respondents are thus resorting to the unfair labour practice and if the applicant would resist to do so, he would be doing so at the cost of his job. The respondents have, as a matter of fact, used the applicant as a bonded labour by paying him petty salary and extracting the full time job, which an archaic practice being adopted by the respondents to this day in our 50th year of Independence is the most reprehensible and condemnable and needs to be stopped by directing the respondents to regularise the services of the applicant.
That there is no one in the government service from the family of the applicant. The applicant belongs to a very poor family and to the Schedule caste category
That the applicant has completed more than 240 days in every calender year right from very beginning of his service and he was in possession of requisite qualification at every stage. The applicant was well within the prescribed age limit at the time of his initial engagement in the respondent department.
That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, which may be taken at the time of arguments, each one of which is without prejudice to and independent of others :-
That the action, rather inaction of the respondents in not regularising the service of the applicant even after the applicant has served for such long period is arbitrary, malafide,
illegal, ultra vires, against the Articles 14, 16 and 19 of the Constitution of India, dehors the rules and regulations and against the natural justice and the principles of law settled by the Hon'ble Supreme Court of India and this Hon'ble Tribunal
That reasons ascribed by the respondents for non-regularisation of the service of the applicant are unconscionable, unreasonable, unjustified and not sustainable in the eyes of law.
That the respondents are estopped due to their own act, deed and conduct from denying the benefit of regularisation to the applicant, more so when they have extended such benefits to other similarly situated persons by relaxation of rules. The principle of the Promissory Estopple applies against the respondents.
That the impugned action is against the well settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases.
That the service of the applicant deserves to be regularised with effect from the date of his initial appointment and the applicant deserves to be paid arrears of salary on the principle of Equal Pay for Equal Work.
That it is settled law that the denial of regularisation and arrears of the salary is a recurring injury and recurring cause of action.
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Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
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The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
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Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Listing prohibited content may result in the cancellation of your listings, or the suspension or removal of your transacting privileges. REGISTERED USERS are responsible for ensuring that the Documents/ Advices they offer are legal and authorised for Transaction or re-Transaction.
If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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