In a recent judgment, the Srinagar High Court emphasised the rights of temporary employees. The court stated that those engaged continuously for more than seven years cannot be denied regularisation benefits under the relevant Special Recruitment Order (SRO).
Justice Sanjeev Kumar made these remarks while addressing a petition filed by an employee of a university seeking retrospective regularisation. The petitioner, Ghar Singh, argued that despite his services being regularised with immediate effect in 2010, he was entitled to regularisation as per SRO 64 of 1994 after completing seven years of service in 2004.
Siding with Singh, the Court clarified that a person engaged temporarily for over seven years cannot be considered ‘casual labour’, which refers to intcermittent or short-term employment.
Hence, granting the petition, the court ruled that Singh should be regularised as a Security Guard from 1 April, 2005, onwards, with all associated benefits, including salary arrears until his actual regularisation in 2010.
Addressing the delay in lodging the claim for retrospective regularisation, the court also noted that while such petitions are typically not entertained after many years, the unique circumstances of this case warranted consideration.
The Court highlighted the power dynamics between a university employer and a petty employee such as a daily wager or security guard, noting the challenges faced by the latter in contesting employment terms. In such situations, the university, being a statutory body with greater bargaining power, often holds a dominant position.
