Sir What is the meaning of irregular appointment and what is the difference between irregular appointment and illegal appointment. pl share your understanding. sunil
From India, New Delhi
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
Resected Sir,
The query is for understanding an order which is related to Divisional Bench Gujarat High Court in which the honorable judge quoted as under
If the aspect of public advertisement is considered as 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 the most, it may be irregular.
I want to understand what the judge mean to tell by understanding the term illegal appointment and irregular appointment.
kindly help me
regards
sunil
Baroda
gujarat

From India, New Delhi
KK!HR
1038

Illegal means it is violative of law and irregular means not strictly complying with the regulations/rules applicable. 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 appointment made without advertising the post in the required number of newspaper would be irregular.

From India, Mumbai
Sir,
If in an organization certain number posted are sanctioned for permanent vacancies to be filled but the organization management plays a trick and recruitment are made on term or tenure base and appointment is made on term or tenure base against the sanctioned permanent vacancies or to fill the sanctioned permanent vacancies . Will it be called an illegal appointment or irregular appointment.
regards
sunil

From India, New Delhi
Sir,
If in an organization, certain number of vacancies are sanctioned by management, for permanent vacancies to be filled by recruiting candidates as permanent employees against the sanctioned permanent vacancies but the organization management plays a trick and recruitment are made on term or tenure base and appointment is made on term or tenure base against the sanctioned permanent vacancies . Will it be called an illegal appointment or irregular appointment.

From India, New Delhi
rkn61
460

Hope you are referring to Fixed Term contract appointment.
Now, newly introduced Labor Codes empowers private company employers to appoint personnel under Fixed period contract . Thus they need not appoint any permanent personnel.
Thus it can not be called now, as illegal /irregular appointment.

From India, Aizawl
Sir
I am taking about the time between 1999 to 2010 , before the newly introduced labour codes were declared . I am sure the newly enacted labour code or law will not be applicable for the recruitment made between 1999 to 2010. Moreover also for the cases between 1999 to 2016 which are related to labour class and related to employment which were filed at labour court or high court or divisional bench and supreme court before the newly labour laws and codes were declared / enacted .
sunil

From India, New Delhi
Sir

I am taking about the time between 1999 to 2010 when the recruitment was made on term base and tenure bases , before the newly introduced labour codes were declared . I am sure the newly enacted labour code or law will not be applicable for the recruitment made between 1999 to 2010. Moreover also for the cases between 1999 to 2016 which are related to labour class and related to employment which were filed at labour court or high court or divisional bench and supreme court before the newly labour laws and codes were declared / enacted .

Just tell me will it be an illegal appointment/ recruitment or irregular appointment /recruitment If in an organization, certain number of vacancies are sanctioned by management, for permanent vacancies to be filled by recruiting candidates as permanent employees against the sanctioned permanent vacancies but the organization management plays a trick and recruitment are made on term or tenure base and appointment is made on term or tenure base against the sanctioned permanent vacancies . Will it be called an illegal appointment or irregular appointment.

regarding applicability of current labour code/ law is not my query

sunil

Baroda

From India, New Delhi
KK!HR
1038

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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