Citation : 2026 Latest Caselaw 3556 Ori
Judgement Date : 17 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.24487 of 2022
In the matter of an application under Articles 226 and 227 of
the Constitution of India.
..................
Balaram Samal .... Petitioner
-versus-
State of Odisha & Others .... Opposite Parties
For Petitioner : Mr. P.K. Tripathy, Advocate
For Opp. Parties : Mr. C.K. Pradhan, AGA
Mr. A. Mishra, Adv. for O.P.4
PRESENT:
THE HONBLE JUSTICE BIRAJA PRASANNA SATAPATHY
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Date of Hearing:17.04.2026 and Date of Judgment:17.04.2026
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Biraja Prasanna Satapathy, J.
1. Heard learned counsel appearing for the Parties.
2. The present Writ Petition has been filed inter alia
challenging order dated 21.03.2022 so issued by
Opposite Party No.1 under Annexure-11, wherein
approval sought for by the Corporation to absorb the // 2 //
Petitioner against the regular sanctioned vacant post of
Procurement and Sales Executive (Group-C) vide letter
dtd.01.10.2021 under Annexure-7 was not acceded to.
Not only that advertisement dtd.06.08.2022 under
Annexure-8 is also under challenge, as the Corporation
tried to fill-up the post in question after issuance of the
impugned order.
3. Learned counsel appearing for the Petitioner
contended that Petitioner with having the required
qualification was initially engaged as a casual Sales
Assistant with consolidated pay vide order
dtd.22.11.1994 under Annexure-2. Subsequently, vide
another order issued on 08.12.1994 under Annexure-3,
Petitioner was appointed as a Sales Assistant under
ASPO, Jeypore. Not only that such engagement of the
Petitioner as Sales Assistant was approved by the
Corporation so available in the communication
dtd.14.02.1995 under Annexure-4.
3.1. Learned counsel appearing for the Petitioner
further contended that when Petitioner on the face of
// 3 //
his long continuance as a Sales Assistant was not
regularized and he moved the Corporation the
Corporation in its meeting dtd.29.06.2021 under
Annexure-6, condoned the age so required for the
purpose of absorption of the Petitioner. Basing on such
decision taken in the meeting dtd. 29.06.2021 under
Annexure-6, Corporation moved Government-Opposite
Party No.1 vide letter dtd.01.10.2021 under
Annexure-7 with a request to accord necessary
approval for absorption of the Petitioner in the regular
existing sanctioned vacant post of Procurement and
Sales Executive (Group-C).
3.2. But only on the ground that Petitioner was so
engaged initially vide order dtd.22.11.1994 under
Annexure-2, without facing any recruitment process
and while being provided with the appointment
reservation principle has not been followed, request
made by the Corporation to accord necessary approval
was regretted by the Government-Opposite Party No.1
// 4 //
vide the impugned order dtd.22.03.2022 under
Annexure-11.
3.3. Learned counsel appearing for the Petitioner
contended that since Petitioner was engaged as a
casual Sales Assistant vide order dtd. 22.11.1994
under Annexure-2 and thereafter as a Sales Assistant
vide order dtd.08.12.1994 under Annexure-3 and the
Corporation is ready and willing to absorb the
Petitioner against the available vacant sanctioned post
of Procurement and Sales Executive (Group-C) and
recommendation was also made vide letter
dtd.01.10.2021 under Annexure-7, rejection of the
request made by the Corporation to accord necessary
approval for such absorption of the Petitioner vide the
impugned order dtd.21.03.2022 under Annexure-11 is
not sustainable in the eye of law. Not only that in view
of such long continuance for more than 32 years and
the availability of the vacancy, Petitioner is eligible and
entitled to get the benefit of a regularization.
// 5 //
3.4. In support of his submission, reliance was placed
to a decisions of the Hon'ble Apex Court in the case of
Jaggo vs. Union of India & Ors., 2024 SCC OnLine
SC 3826; Shripal & Anr. vs. Nagar Nigam,
Ghaziabad, 2025 SCC OnLine SC 221, as well as
Dharam Singh & Ors. vs. State of U.P. & Anr. (Civil
Appeal No(s).8558 of 2018 and another decision of
the Apex Court in the case of Bhola Nath Vs. State of
Jharkhand and Others, 2026 INSC 99.
3.5. View expressed by the Hon'ble Apex Court in the
case of Jaggo in Para-22 to 25 and 27 reads as
follows:-
"22. The pervasive misuse of temporary employment contracts, as exemplified in this case, reflects a broader systemic issue that adversely affects workers' rights and job security. In the private sector, the rise of the gig economy has led to an increase in precarious employment arrangements, often characterized by lack of benefits, job security, and fair treatment. Such practices have been criticized for exploiting workers and undermining labour standards. Government institutions, entrusted with upholding the principles of fairness and justice, bear an even greater responsibility to avoid such exploitative employment practices. When public sector entities engage in misuse of temporary contracts, it not only mirrors the detrimental trends observed in the gig economy but also sets a concerning precedent that can erode public trust in governmental operations.
// 6 //
23. The International Labour Organization (ILO), of which India is a founding member, has consistently advocated for employment stability and the fair treatment of workers. The ILO's Multinational Enterprises Declaration6 encourages companies to provide stable employment and to observe obligations concerning employment stability and social security. It emphasizes that enterprises should assume a leading role in promoting employment security, particularly in contexts where job discontinuation could exacerbate long-term unemployment.
24. The landmark judgement of the United State in the case of Vizcaino v. Microsoft Corporation7 serves as a pertinent example from the private sector, illustrating the consequences of misclassifying employees to circumvent providing benefits. In this case, Microsoft classified certain workers as independent contractors, thereby denying them employee benefits. The U.S. Court of Appeals for the Ninth Circuit determined that these workers were, in fact, common-law employees and were entitled to the same benefits as regular employees. The Court noted that large Corporations have increasingly adopted the practice of hiring temporary employees or independent contractors as a means of avoiding payment of employee benefits, thereby increasing their profits. This judgment underscores the principle that the nature of the work performed, rather than the label assigned to the worker, should determine employment status and the corresponding rights and benefits. It highlights the judiciary's role in rectifying such misclassifications and ensuring that workers receive fair treatment.
25. It is a disconcerting reality that temporary employees, particularly in government institutions, often face multifaceted forms of exploitation. While the foundational purpose of temporary contracts may have been to address short-term or seasonal needs, they have increasingly become a mechanism to evade long- term obligations owed to employees. These practices manifest in several ways:
• Misuse of "Temporary" Labels:
Employees engaged for work that is essential, recurring, and integral to the functioning of an institution are often labeled as "temporary" or "contractual," even when
// 7 //
their roles mirror those of regular employees. Such misclassification deprives workers of the dignity, security, and benefits that regular employees are entitled to, despite performing identical tasks.
• Arbitrary Termination: Temporary employees are frequently dismissed without cause or notice, as seen in the present case. This practice undermines the principles of natural justice and subjects workers to a state of constant insecurity, regardless of the quality or duration of their service.
• Lack of Career Progression: Temporary employees often find themselves excluded from opportunities for skill development, promotions, or incremental pay raises. They remain stagnant in their roles, creating a systemic disparity between them and their regular counterparts, despite their contributions being equally significant.
• Using Outsourcing as a Shield:
Institutions increasingly resort to outsourcing roles performed by temporary employees, effectively replacing one set of exploited workers with another. This practice not only perpetuates exploitation but also demonstrates a deliberate effort to bypass the obligation to offer regular employment.
• Denial of Basic Rights and Benefits:
Temporary employees are often denied fundamental benefits such as pension, provident fund, health insurance, and paid leave, even when their tenure spans decades. This lack of social security subjects them and their families to undue hardship, especially in cases of illness, retirement, or unforeseen circumstances.
xxxx xxxx xxxx xxxxx
27. In light of these considerations, in our opinion, it is imperative for government departments to lead by example in providing fair and stable employment. Engaging workers on a temporary basis for extended periods, especially when their roles are integral to the organization's functioning, not only contravenes international labour standards but also exposes the organization to legal challenges and undermines employee morale. By ensuring fair employment practices, government institutions can reduce the burden of unnecessary litigation, promote job security, and uphold the principles of justice and fairness that they are meant to embody. This approach aligns with international standards
// 8 //
and sets a positive precedent for the private sector to follow, thereby contributing to the overall betterment of labour practices in the country."
3.6. Hon'ble Apex Court in the case of Shripal in
Para-14, 15, 17 & 18(IV) has held as follows:-
"14. ...... More importantly, Uma Devi cannot serve as a shield to justify exploitative engagements persisting for years without the Employer undertaking legitimate recruitment.
15. ....... Indian labour law strongly disfavors perpetual daily-wage or contractual engagements in circumstances where the work is permanent in nature.
xxxx xxxxx xxxxx xxxxxx
17. Indeed, bureaucratic limitations cannot trump the legitimate rights of workmen who have served continuously in de facto regular roles for an extended period.
18.(IV) The Respondent Employer is directed to initiate a fair and transparent process for regularizing the Appellant Workmen within six months from the date of reinstatement, duly considering the fact that they have performed perennial municipal duties akin to permanent posts. In assessing regularization, the Employer shall not impose educational or procedural criteria retroactively if such requirements were never applied to the Appellant Workmen or to similarly situated regular employees in the past. To the extent that sanctioned vacancies for such duties exist or are required, the Respondent Employer shall expedite all necessary administrative processes to ensure these longtime employees are not indefinitely retained on daily wages contrary to statutory and equitable norms."
3.7. Placing reliance on the decision in the case of
Jaggo and Shripal, Hon'ble Apex Court in the case
// 9 //
of Dharam Singh, in Paragraph-13, 14, 15 & 17, 18,
19 & 20 has held as follows:
"13. As we have observed in both Jaggo (Supra) and Shripal (Supra), outsourcing cannot become a convenient shield to perpetuate precariousness and to sidestep fair engagement practices where the work is inherently perennial. The Commission's further contention that the appellants are not "full-time"
employees but continue only by virtue of interim orders also does not advance their case. That interim protection was granted precisely because of the long history of engagement and the pendency of the challenge to the State's refusals. It neither creates rights that did not exist nor erases entitlements that may arise upon a proper adjudication of the legality of those refusals.
14. The learned Single Judge of the High Court also declined relief on the footing that the petitioners had not specifically assailed the subsequent decision dated 25.11.2003. However, that view overlooks that the writ petition squarely challenged the 11.11.1999 refusal as the High Court itself directed a fresh decision during pendency, and the later rejection was placed on record by the respondents. In such circumstances, we believe that the High Court was obliged to examine the legality of the State's stance in refusing sanction, whether in 1999 or upon reconsideration in 2003, rather than dispose of the matter on a mere technicality. The Division Bench of the High Court compounded the error by affirming the dismissal without engaging with the principal challenge or the intervening material. The approach of both the Courts, in reducing the dispute to a mechanical enquiry about "rules" and "vacancy" while ignoring the core question of arbitrariness in the State's refusal to sanction posts despite perennial need and long service, cannot be sustained.
15. Therefore, in view of the foregoing observations, the impugned order of the High Court cannot be sustained. The State's refusals dated 11.11.1999 and 25.11.2003,in so far as they concern the Commission's proposals for sanction/creation of Class-III/Class-IV posts to address perennial ministerial/attendant work, are held unsustainable and stand quashed.
xxx xxx xxx
// 10 //
17. Before concluding, we think it necessary to recall that the State (here referring to both the Union and the State governments) is not a mere market participant but a constitutional employer. It cannot balance budgets on the backs of those who perform the most basic and recurring public functions. Where work recurs day after day and year after year, the establishment must reflect that reality in its sanctioned strength and engagement practices. The long-term extraction of regular labour under temporary labels corrodes confidence in public administration and offends the promise of equal protection. Financial stringency certainly has a place in public policy, but it is not a talisman that overrides fairness, reason and the duty to organise work on lawful lines.
18. Moreover, it must necessarily be noted that "ad- hocism" thrives where administration is opaque. The State Departments must keep and produce accurate establishment registers, muster rolls and outsourcing arrangements, and they must explain, with evidence, why they prefer precarious engagement over sanctioned posts where the work is perennial. If "constraint" is invoked, the record should show what alternatives were considered, why similarly placed workers were treated differently, and how the chosen course aligns with Articles 14, 16 and 21 of the Constitution of India. Sensitivity to the human consequences of prolonged insecurity is not sentimentality. It is an institutional discipline that should inform every decision affecting those who keep public offices running.
19. Having regard to the long, undisputed service of the appellants, the admitted perennial nature of their duties, and the material indicating vacancies and comparator regularisations, we issue the following directions:
i. Regularization and creation of Supernumerary posts: All appellants shall stand regularized with effect from 24.04.2002, the date on which the High Court directed a fresh recommendation by the Commission and a fresh decision by the State on sanctioning posts for the appellants. For this purpose, the State and the successor establishment (U.P. Education Services Selection Commission) shall create supernumerary posts in the corresponding cadres, Class-III (Driver or equivalent) and Class-IV (Peon/Attendant/Guard or equivalent) without any caveats or preconditions. On regularization, each appellant shall be placed at not less than the minimum of the regular pay-scale for the post, with
// 11 //
protection of last-drawn wages if higher and the appellants shall be entitled to the subsequent increments in the pay scale as per the pay grade. For seniority and promotion, service shall count from the date of regularization as given above. ii. Financial consequences and arrears: Each appellant shall be paid as arrears the full difference between (a) the pay and admissible allowances at the minimum of the regular pay-level for the post from time to time, and (b) the amounts actually paid, for the period from 24.04.2002 until the date of regularization /retirement/death, as the case may be. Amounts already paid under previous interim directions shall be so adjusted. The net arrears shall be released within three months and if in default, the unpaid amount shall carry compound interest at 6% per annum from the date of default until payment. iii. Retired appellants: Any appellant who has already retired shall be granted regularization with effect from 24.04.2002 until the date of superannuation for pay fixation, arrears under clause
(ii), and recalculation of pension, gratuity and other terminal dues. The revised pension and terminal dues shall be paid within three months of this Judgment.
iv. Deceased appellants: In the case of Appellant No. 5 and any other appellant who has died during pendency, his/her legal representatives on record shall be paid the arrears under clause (ii) up to the date of death, together with all terminal/retiral dues recalculated consistently with clause (i), within three months of this Judgement.
v. Compliance affidavit: The Principal Secretary, Higher Education Department, Government of Uttar Pradesh, or the Secretary of the U.P. Education Services Selection Commission or the prevalent competent authority, shall file an affidavit of compliance before this Court within four months of this Judgement.
20. We have framed these directions comprehensively because, case after case, orders of this Court in such matters have been met with fresh technicalities, rolling "reconsiderations," and administrative drift which further prolongs the insecurity for those who have already laboured for years on daily wages. Therefore, we have learned that Justice in such cases cannot rest on simpliciter directions, but it demands imposition of clear duties, fixed timelines, and verifiable compliance .As a constitutional employer, the State is held to a higher
// 12 //
standard and therefore it must organise its perennial workers on a sanctioned footing, create a budget for lawful engagement, and implement judicial directions in letter and spirit. Delay to follow these obligations is not mere negligence but rather it is a conscious method of denial that erodes livelihoods and dignity for these workers. The operative scheme we have set here comprising of creation of supernumerary posts, full regularization, subsequent financial benefits, and a sworn affidavit of compliance, is therefore a pathway designed to convert rights into outcomes and to reaffirm that fairness in engagement and transparency in administration are not matters of grace, but obligations under Articles 14, 16 and 21 of the Constitution of India."
3.8. It is contended that in the recent decision of the
Hon'ble Apex Court in the case of Bhola Nath so cited
(supra), Hon'ble Apex Court in Para-13.5 to 14 of the
judgment has held as follows:-
"13.5. Such a decision must necessarily be a conscious and reasoned one. An employee who has satisfactorily discharged his duties over several years and has been granted repeated extensions cannot, overnight, be treated as surplus or undesirable. We are unable to accept the justification advanced by the respondents as the obligation of the State, as a model employer, extends to fair treatment of its employees irrespective of whether their engagement is contractual or regular.
13.6. This Court has, on several occasions, deprecated the practice adopted by States of engaging employees under the nominal labels of "part-time", "contractual" or "temporary" in perpetuity and thereby exploiting them by not regularizing their positions. In Jaggo v. Union of India, this Court underscored that government departments must lead by example in ensuring fair and stable employment, and evolved the test of examining whether the duties performed by such temporary employees are integral to the day-to-day functioning of the organization.
13.7. In Shripal v. Nagar Nigam, and Vinod Kumar v. Union of India, this Court cautioned against a
// 13 //
mechanical and blind reliance on Umadevi (supra) to deny regularization to temporary employees in the absence of statutory rules. It was held that Umadevi (supra) cannot be employed as a shield to legitimise exploitative engagements continued for years without undertaking regular recruitment. The Court further clarified that Umadevi itself draws a distinction between appointments that are "illegal" and those that are merely "irregular", the latter being amenable to regularization upon fulfilment of the prescribed conditions.
13.8. In Dharam Singh v. State of U.P., this Court strongly deprecated the culture of "ad-hocism" adopted by States in their capacity as employers. The Court criticised the practice of outsourcing or informalizing recruitment as a means to evade regular employment obligations, observing that such measures perpetuate precarious working conditions while circumventing fair and lawful engagement practices.
13.9. The State must remain conscious that part-time employees, such as the appellants, constitute an integral part of the edifice upon which the machinery of the State continues to function. They are not merely ancillary to the system, but form essential components thereof. The equality mandate of our Constitution, therefore, requires that their service be reciprocated in a manner free from arbitrariness, ensuring that decisions of the State affecting the careers and livelihood of such part-time and contractual employees are guided by fairness and reason.
13.10. In the aforesaid backdrop, we are unable to persuade ourselves to accept the respondent-State's contention that the mere contractual nomenclature of the appellants' engagement denudes them of constitutional protection. The State, having availed of the appellants' services on sanctioned posts for over a decade pursuant to a due process of selection and having consistently acknowledged their satisfactory performance, cannot, in the absence of cogent reasons or a speaking decision, abruptly discontinue such engagement by taking refuge behind formal contractual clauses. Such action is manifestly arbitrary, inconsistent with the obligation of the State to act as a model employer, and fails to withstand scrutiny under Article 14 of the Constitution.
FINAL CONCLUSION:
14. In light of our discussion, in the foregoing paragraphs, we summarize our conclusions as follows:
// 14 //
I. The respondent-State was not justified in continuing the appellants on sanctioned vacant posts for over a decade under the nomenclature of contractual engagement and thereafter denying them consideration for regularization.
II. Abrupt discontinuance of such long-standing engagement solely on the basis of contractual nomenclature, without either recording cogent reasons or passing a speaking order, is manifestly arbitrary and violative of Article 14 of the Constitution.
III. Contractual stipulations purporting to bar claims for regularization cannot override constitutional guarantees. Acceptance of contractual terms does not amount to waiver of fundamental rights, and contractual stipulations cannot immunize arbitrary State action from constitutional scrutiny.
IV. The State, as a model employer, cannot rely on contractual labels or mechanical application of Umadevi (supra) to justify prolonged ad-hocism or to discard long-
serving employees in a manner inconsistent with fairness, dignity and constitutional governance.
V. In view of the foregoing discussion, we direct the respondent-State to forthwith regularize the services of all the appellants against the sanctioned posts to which they were initially appointed. The appellants shall be entitled to all consequential service benefits accruing from the date of this judgment."
3.9. It is further contended that after rejecting the
claim of the Petitioner for his absorption, when an
advertisement was issued on 06.08.2022 under
Annexure-8 to fill-up various posts including the post
of Procurement and Sales Executive (Group-C) under
Annexure-8, this Court while issuing notice of the
matter vide order dtd.26.09.2022, passed the following
interim order.
// 15 //
1. Heard.
2. Issue notice as above.
3. As an interim measure, it is directed process of selection in respect of the post mentioned at Sl. No.9 of the advertisement dated 6.8.2022 under Annexure-8 may continue, but the said post shall not be filled up without the leave of this Court".
In view of the interim order so passed, the post in
question has not been filled-up as yet.
3.10. It is accordingly contended that the impugned
order needs interference of this Court and Opposite
Party No.1 be directed to accord the approval so sought
for by the Corporation in its letter dtd.01.10.2021
under Annexure-7 within a stipulated time period, so
that Petitioner can be absorbed against the vacant post
of Procurement and Sales Executive (Group-C).
4. Mr. A. Mishra, learned counsel for the
Corporation also fairly contended that Petitioner was
engaged as a casual Sales Assistant vide order
dtd.22.11.1994 and thereafter as a Sales Assistant
vide order dtd.08.12.1994 under Annexure-3.
// 16 //
4.1. It is also contended that taking into account such
long continuance of the Petitioner and after condoning
the age in the proceeding of the meeting
dtd.29.06.2021 under Annexure-6, approval was
sought for from the Government to absorb the
Petitioner against the vacant sanctioned post of
Procurement and Sales Executive (Group-C) vide letter
dtd.01.10.2021 under Annexure-7. However, since
Government rejected the request to accord such
approval vide the impugned order dtd.21.03.2022
under Annexure-11, Petitioner is yet to be absorbed.
4.2. It is also fairly contended that in view of the
interim order passed on 26.09.2022, the post of
Procurement & Sales Executive has not been filled up
in terms of the advertisement issued under Annexure-
8.
5. Mr. C.K. Pradhan, learned Addl. Government
Advocate for the State on the other hand while
supporting the impugned order contended that since
while providing the appointment to the Petitioner vide
// 17 //
order dtd.22.11.1994 under Annexure-2 and vide order
dtd.08.12.1994 under Annexure-3, no recruitment
process was initiated nor reservation principle was
followed and Petitioner was straight away given such
benefit of appointment, Petitioner is not eligible and
entitled to get the benefit of absorption in the regular
establishment, even though the Corporation
recommended his case vide communication
dtd.01.10.2021 under Annexure-7.
5.1. It is accordingly contended that no illegality or
irregularity can be found with the impugned rejection
so communicated vide order dtd.21.03.2022 under
Annexure-11.
6. Having heard learned counsel appearing for the
Parties and considering the submissions made, this
Court finds that Petitioner was appointed as a casual
Sales Assistant vide order dtd.22.11.1994 so issued by
the Corporation under Annexure-2. Subsequently,
Petitioner was appointed as a Sales Assistant vide order
dtd.08.12.1994 under Annexure-3.
// 18 //
6.1. As found from the record after condoning the age
for the purpose of regularization of the Petitioner in the
meeting of the Board of Directors of the Corporation
dtd.29.06.2021 under Annexure-6, the Corporation
sought for approval of the Government to absorb the
Petitioner against the regular vacant sanctioned post of
Procurement and Sales Executive (Group-C) vide letter
dtd.01.10.2021 under Annexure-7.
6.2. However, such request made by the Corporation
was rejected by the Government vide order
dtd.21.03.2022 under Annexure-11 and an
advertisement was issued by the Corporation on
06.08.2022 under Annexure-8 to fill up various posts
including the post of Procurement & Sales Executive
(Group-C). However, this Court while issuing notice of
the matter vide order dtd.26.09.2022, passed an
interim order restraining the Corporation from filling
up the post in question.
6.3. Placing reliance on the decisions as cited (supra)
and since the Petitioner is continuing under the
// 19 //
Corporation w.e.f. 22.11.1994 and a vacant sanctioned
post of Procurement and Sales Executive (Group-C) is
available, it is the view of this Court the ground on
which Opposite Party No.1 refused to accord the
approval vide the impugned order dtd.21.03.2022
under Annexure-11 is not sustainable in the eye of law
and so also the advertisement issued on 06.08.2022
under Annexure-8 to fill up the post of Procurement
and Sales & Executive (Group-C).
6.4. Therefore, while quashing the order
dtd.21.03.2022 under Annexure-11 and so also the
advertisement dtd.06.08.2022 under Annexure-8 so far
as it relates to filling up of the post of Procurement and
Sales Executive (Group-C), this Court directs Opposite
Party No.1 to give necessary approval to the request
made by the Corporation in its letter dtd.01.10.2021
under Annexure-7, within a period of six (6) weeks from
the date of receipt of this order. After receipt of such
approval, the Corporation-Opposite Party No.4 shall do
well to absorb the Petitioner against the vacant
// 20 //
sanctioned post of Procurement and Sales Executive
(Group-C) so reflected in Annexure-7, within a further
period of four (4) weeks.
7. Accordingly, the Writ Petition stands disposed of
with the aforesaid direction.
(Biraja Prasanna Satapathy) Judge
Orissa High Court, Cuttack Dated the 17th April, 2026/Subrat
Location: HIGH COURT OF ORISSA, CUTTACK
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