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https://x.com/sekarreporter1/status/1730167881768611895?t=xH7Qrl5eri-NMnaaDPQEmw&s=08 In W.P.No.32966 of 2019, the workmen have not been recruited through Employment Exchange and there is no By-law, fixing the cadre strength. The Apex Court, in Excise Superintendent, Malkapatnam, Krishna District, Andhra Pradesh v. K.B.N.Visweshwara Rao, 1996 (6) SCC 216, held that recruitment through Employment Exchange is not the only source. However, in a batch of cases, the workmen have been allowed to work for years together, allowing the deeming provision of Section 3 of the 1981 Act to apply. 23. In view of the same, we are of the view that the order of the Authority, as confirmed by the learned single Judge, is not to be interfered with, however, with certain modifications, as stated above, in view of the concession made by the learned counsel across the Bar. The modified order of this Court is expected to be implemented within the time stipulated in Paragraph 15 hereinabove. 24. Writ Appeals and Writ Petition are disposed of accordingly. No costs. Consequently, the connected C.M.P.Nos.11976, 11977, 11983, 11984, 11986, 14434, 14439 of 2019 and W.M.P.No.33401 of 2019 are closed. Index : Yes/No (S.V.N.,J.) (K.R.S.,J.) Internet : Yes/No 16-06-2023 Speaking / Non-speaking Order dixit
by Sekar Reporter · Published November 30, 2023