Regularization of temporary casual labour

Junior Advocate

Respected Members of the forum,

My clients belongs to the Government Company. They have been working for more than 10 years as Temporary Casual Labourers.  They had approached to the office of Assistant Labour Comissioner and pleaded for the grant of "statutory benefits" like issue of identity cards, P.F., benefit of ESIC, and weekly paid holidays etc. My clients has also pleaded to get their service regularized/permanency of services. However at the time of settlement "statutory" benefits were granted to my clients, but their demand to get their service regularized was not accepted.

I pray for your learned opinion on following points:-

1. Are my clients entitled to move an Appeal against the Memorandum of Settlement?

2. Can my clients file a fresh case in order to pray for "Regularization Of their service" ?

3. If my clients can file a fresh case in order to pray for "Regularization of service" then which court has an authority/jurisdiction to deal with such cases? 

Kindly help me ! for the very first time i am handling a labour matter.

Regards,

Kavita

 
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lawyer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

            It is settled position of law that the employer is best judge to ascertain its requirement if manpower and under this power he can determine its requirement of regular employee. Employer's this right can not be questioned by any other authority or court unless there exist any scheme of employer itself. Earlier the position in this regard was some what different as if an employer was engaged on permanent nature of job and works continuously for  a considerable period, he was entitle to be declared as regular employee but this setuati9on changed now. At the most the employee can request for framing of scheme for regularization. 

 

 
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Junior Advocate

Thank You Sir. So you mean that the "settlement" is final? My client can not go further? Will they have to remain satisfied with whatever relief granted to them by ALC? You mean there is no scope to give fight in the court of law? not even in the High Court?

 
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lawyer

No. You can give notice for termination of settlement and thereafter raise an industrial dispute seeking formation of scheme of regularisation in the industry or if the employer is an government agency, can file writ of mandamus for the same relief.

 
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Dy Director

indly consult Supreme Court judgement in Uma Devi case.

 
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Advocate

When there exists sanctioned post and if the workman is discharging those duties and of duties are permanent and perenial in nature his case can be considered. If any juniors were regularised he can claim regularazation on par with them. The union has to espouse his case and subsequently an appropriate government has to refer the dispute to the tribunal whether he is entitled for regularisation or not. (Sec10 of ID Act).

 
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Dy Director

Unless recruitment rules for the post provide for such absorption, the regularisation may be treated as backdoor entry not allowed as per Supreme Court Guidelines in Uma Devi case. The recruitment rules are framed as per provision to Article 309 of the Constitution. In case of PSU such power is given to the Board by the stature creating the PSU. Without reading recruitment rules and this judgment you should not proceed further. The judgment is available at http://www.indiankanoon.org/doc/1591733/. The recruitment rules if not easily given by office can be asked under RTI. The benefits of PF & ESIC are not subject to any settlement. These benefits were otherwise enforceable as per law and the employer could evade for some time due to slackness of EPFO and ESIC authorities. Your clients may have gone magnanimous to not press for prosecution of employer.

 
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