Supreme Court bars temporary workers from seeking regularisation

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admin November 10, 2021
Updated 2021/11/10 at 10:33 AM

The Supreme Court ruled on Thursday that part-time workers are not eligible to seek regularisation since they are not working in a sanctioned position. The top court further said that regularisation may only be done in accordance with the State’s/regularization government’s policy and that no one can claim regularisation as a matter of right “dehors” (beyond the limits of) the policy.

“Part-time workers are not eligible for regularisation since they are not working in a sanctioned position, and part-time temporary employees cannot be retained indefinitely.

“On the concept of equal compensation for equal work, part-time temporary workers in a government-run institution cannot claim parity in wage with permanent government employees,” a bench of Justices M R Shah and A S Bopanna stated.

The Supreme Court was considering an appeal filed by the Centre, which was contesting a Punjab and Haryana High Court ruling that amended a Central Administrative Tribunal order.

The panel had ordered the Centre to re-examine the whole matter, finish the process of reformulating their regularization/absorption strategy, and decide whether to penalise the postings in stages.

The Supreme Court ruled that the High Court cannot require the government and/or its departments to develop a specific regularisation programme in the exercise of its powers under Article 226 of the Constitution.

“The High Court cannot issue a Mandamus to require the Department to sanction and establish the positions in the exercise of its Article 226 jurisdiction. In exercising its authority under Article 226 of the Constitution, the High Court cannot also order the Government and/or the Department to develop a specific regularisation programme.

“The court has no role in the formulation of any programme; it is solely the responsibility of the government. The government has exclusive authority over the establishment and/or sanction of the positions, and the High Court, in exercising its jurisdiction under Article 226 of the Constitution, cannot issue Mandamus or order the formation and sanction of the posts “The court remarked.

Even the regularisation policy to regularise the services of workers on temporary status and/or casual labourers is a policy choice, according to the bench, and the Court cannot provide Mandamus or give necessary directives to do so in judicial review.

 

Source: The Economics Times

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