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kavita (Junior Advocate)     05 December 2011

Regularization of temporary casual labour

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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 2 Replies

V. VASUDEVAN (LEGAL COUNSEL)     06 December 2011

Causal Labour cannot seek permanency as a matter of right. However, if the Government as a policy decision has regularized some of the casual employees and discriminated the other, a dispute may be raised on such grounds. require more details for clarification.


(Guest)

Dear Kavita,

 

You can find complete ruling on casual labourers at the site of the DOPT at the following link. Probably that may help you solve your problem:

https://persmin.gov.in/DOPT.asp


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