Court condemns exploitation of non-regularized workers performing essential duties, directs State to provide consequential benefits.
In a significant ruling aimed at curbing the exploitation of non-regularized workers, the Andhra Pradesh High Court has directed the State government to regularize the services of employees engaged as Non Muster Roll (NMR) workers for decades. The court's order comes as a relief to workers who have been performing essential and perennial duties akin to permanent employees without the benefits of regular employment.
The division bench, comprising Justices Battu Devanand and Subhendu Samanta, delivered the judgment on March 17, 2026, in a batch of writ petitions challenging the denial of regularization by the Andhra Pradesh Administrative Tribunal. The tribunal had earlier dismissed the petitions on the grounds that the employees had not completed five years of service by the cut-off date of November 25, 1993, as per the government order G.O.Ms.No.212.
The High Court, however, found this denial arbitrary and exploitative, emphasizing that the employees' engagement in perennial and essential duties necessitated their regularization. Citing Supreme Court judgments, including those in the cases of "Secretary, State of Karnataka v. Umadevi" and "Shripal v. Nagar Nigam, Ghaziabad," the court underscored that long-standing engagement of workers fulfilling essential duties cannot be equated with back-door entries or illegal appointments.
The court noted the constitutional mandate under Article 21, which encompasses the right to livelihood, stating that the continuous engagement of employees on a daily wage basis without regularization violates principles of fairness and equity. The judgment criticized the State's practice of engaging workers for extended periods without regularizing their services, thereby undermining the constitutional promise of equal protection under Articles 14, 16, and 21.
Highlighting the employers' obligations, the court stated, "The idea of a welfare State is realized only when citizens are treated fairly, equally, and without exploitation." It further remarked that the State, as a model employer, must cease exploitative practices and recognize the long-term service of these workers by providing them with regular employment status.
The court directed the State government to regularize the services of the petitioners within two months, along with all consequential benefits, thereby setting a precedent for similar cases across the State.
Bottom Line:
Regularization of employees - Long-term engagement of employees in perennial duties without regularization amounts to exploitation - Employees engaged as daily wage workers or on NMR basis for decades cannot be denied regularization when their services have been utilized to perform regular duties akin to permanent employees.
Statutory provision(s): Article 21, Article 14, Article 16 of the Constitution of India, G.O.Ms.No.212, G.O.Ms.No.26, A.P. Act 2 of 1994
K. Narayana Reddy v. State of Andhra Pradesh, (Andhra Pradesh)(DB) : Law Finder Doc id # 2871785
