RECENT SUPREME COURT JUDGEMENT ON REGULARISATION OF CASUAL LABOURERS

Judgment on Regularisation of Casual Labourers

SIGNIFICANCE OF THE RECENT SUPREME COURT JUDGEMENT ON REGULARISATION OF CASUAL LABOURERS

Significance of Supreme Court judgement is that Govt can not deny regularization stating that the Umadevi’s case Supreme Court has put a cut off period as 2006.

Whenever any case is filed by Casual labourers engaged after 2006 in CAT, the Govt is giving counter by quoting the 2006 judgment of Supreme Court in Umadevi’s case. CAT or High Court also reject their claim stating that after 2006 no regularization can be considered as per 2006 Supreme Court judgement in Umadevi’s case. Even in JCM (NC) Standing Committee Govt has repeated this stand. Now Supreme Court has clearly stated that 2006 judgement doesn’t mean that Govt is bound to regularise ONLY those irregularly appointed casual labourers up to 2006 only provided they complete 10 years service up to 2006 and can go on engaging casual labourers after 2006 as the question of regularization is not applicable to them and thus continue exploitation of them without regularization.

Court ruled that those appointed after 2006 should also be considered for regularization. Even if the appointment is made after 2006, those casual labourers can now approach the CAT for regularization quoting this judgement. This is the importance of this judgement.

Of course, this particular judgement will be implemented for Jhakhand State Govt casual laboureres only. But the above mentioned important observations and ruling of Supreme Court clarifying the 2006 Constitution Bench judgement of the same Court are beneficial to all casual labourers.

Similarly, the stand taken by the Govt that all appointments (engagements) of casual labourers made after 01-09-1993 are irregular and hence not eligible for regularization, will not also stand in the Court of Law after this judgement. In Umadevi’s case also Supreme Court has clearly ruled that those irregularly appointed casual labourers (even if appointed after 01-09-1993)are eligible for regularization, if they have completed 10 years of service.

M.Krishnan

Secretary General

Confederation

Source: Confederation