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notings in departmental files did not have sanction of law creating a legally enforceable right

Raj Kumar Makkad ,
  17 March 2011       Share Bookmark

Court :
Supreme Court of India
Brief :
Entitlement to Regularization - Appellant organization employed casual workers for discharging various works in its organization - Respondent Union of casual workers demanded regularization of their service - Single Judge, in respondent's writ petition, directed appellant to regularize respondents' service - Division Bench, in appellant's appeal, directed appellant to implement Office Memo dated 02-02-2001 wherein appellant allegedly framed a scheme for welfare of causal workers - Whether respondent casual workers were entitled to regularization
Citation :
Union of India and Others Vs. Vartak Labour Union (Decided on 04.03.2011) MANU/SC/0171/2011

Division Bench erroneously construed Office Memo dated 02-02-2001 as an approved scheme for absorption and regularization of casual workers - Office Memo dated 02-02-2001 was merely in nature of an inter-department communication between appellant organizations' headquarters and its officials - Inter-departmental communications and notings in departmental files did not have sanction of law creating a legally enforceable right - Respondent Union's claim for regularization of its members merely because they had been working for appellant organization for a considerable period of time should not be granted in light of several Supreme Court decisions wherein it had been consistently held that casual employment terminated when same was discontinued, and merely because a temporary or casual worker had been engaged beyond period of his employment, he would not be entitled to be absorbed in regular service or made permanent, if original appointment was not in terms of process envisaged by relevant rules - Members of respondent Union, therefore, were not entitled to be regularized in their service and hence impugned High Court order was set aside - Appeal allowed.

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Published in Labour & Service Law
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