Jammu and Kashmir High Court Upholds Regularization of Long-Term Daily Wager

Court Dismisses UT's Plea Against Tribunal's Order to Regularize Worker, Cites Unjust Denial of Rights and Welfare Principles

The Jammu and Kashmir High Court has dismissed a petition filed by the Union Territory of Jammu and Kashmir challenging the Central Administrative Tribunal's order to regularize Som Raj, a daily-wage worker who has served for over three decades. The division bench, comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, underscored the unjust nature of the prolonged denial of regularization and emphasized adherence to welfare principles and statutory obligations.

The case, which saw its inception in 2002, revolved around Som Raj's continuous employment since 1989 as a daily-wage worker. Despite recommendations for regularization under SRO 64 of 1994, his status remained unchanged due to the lack of sanctioned posts. The Tribunal had directed the regularization of Som Raj's services effective from October 8, 1998, when he completed seven years of service, along with the release of pending wages from May 2018. The petitioners, however, contested the decision, citing procedural lapses in appointment and financial burdens.

The High Court, however, found the petitioners' arguments unconvincing, stating that the failure to regularize the worker after extracting over 34 years of service contradicted welfare principles and statutory obligations. The court noted that the financial burden on the State could not serve as a valid excuse for denying statutory rights. Citing the Supreme Court's judgments in similar cases, the court highlighted the exploitative nature of prolonged temporary employment without regularization and emphasized the necessity for government bodies to uphold fair labor practices.

The High Court further criticized the petitioners for their reliance on internal communications and procedural defenses to delay the rightful claims of the respondent. The court's decision reaffirms the principles of fairness and justice for long-serving temporary employees, setting a precedent for similar cases across the Union Territory.

Bottom Line:

Regularization of daily-wage workers - Continuous service for over three decades establishes the respondent's entitlement to regularization under SRO 64 of 1994, despite the absence of sanctioned posts, and denial of such regularization is unjust and against welfare principles.

Statutory provision(s): Labour Law - SRO 64 of 1994

U.T of J&K and v. Som Raj, (Jammu And Kashmir)(DB) : Law Finder Doc Id # 2821202