Jammu, May 31 (JKNS): In a significant relief to long-serving daily wage and ad hoc workers, the High Court of Jammu & Kashmir and Ladakh has upheld the regularisation of 17 employees engaged by the Forest Department, dismissing two petitions filed by the Union Territory administration challenging orders passed by the Central Administrative Tribunal (CAT).
According to the details available with news agency JKNS stated that, a Division Bench comprising Justice Sindhu Sharma and Justice Shahzad Azeem observed that the government cannot continue to avail the services of workers for decades and later deny them regularisation by terming their engagement as temporary, seasonal or need-based.
The court held that such practices amount to exploitation of labour and are contrary to the principles expected from a welfare State. It emphasized that the State cannot evade its responsibilities by using technical classifications after benefiting from the services of workers over long periods.
The case pertained to 16 daily-rated workers of the Eco Task Force Division, Jammu, and one employee, Ghulam Mohi-Ud-Din Malik, who had served as a Mali in the Forest Division, Doda. The CAT had earlier directed their regularisation after finding that they had rendered uninterrupted service for several years.
In the case of the 16 workers, the Tribunal relied on official records, including muster rolls, service certificates and duty registers, to establish that they had worked continuously for nearly 25 to 30 years. The High Court noted that these records were not disputed by the department.
The Forest Department had argued that the workers were engaged only on a need basis and not against sanctioned posts. It also contended that earlier regularisation schemes had ceased to exist following recent policy changes.
Rejecting the contention, the Bench observed that the very fact that the workers had been continuously engaged for decades demonstrated the permanent nature of the work being performed. The court said the government cannot shield itself behind labels such as temporary or need-based to deny legitimate benefits to employees.
The court further remarked that a “hire and fire” approach undermines the dignity of labour, creates uncertainty and defeats the objectives of public employment.
In a separate but connected matter, the High Court also upheld the CAT’s order directing the regularisation of Ghulam Mohi-Ud-Din Malik as Mali with effect from January 1, 2002, along with all consequential service benefits.
According to official records, Malik had been associated with the Forest Department since 1991-92 and continued to discharge duties for over three decades. The court noted that departmental documents themselves acknowledged his long service and the fact that he had crossed the age limit while awaiting regularisation.
Relying on recent Supreme Court rulings, the High Court held that public authorities cannot perpetuate prolonged ad hoc employment by merely assigning temporary designations to workers performing permanent duties. Finding no merit in the petitions, the court dismissed both cases and upheld the regularisation benefits granted to all 17 employees. —(JKNS)
