Service Matters

Regularisation

The regularisation means giving permanent status to any temporary employment.

Normally employer initially keeps employee under daily wages or on temporary basis without any permanent status.

Need of Permanency in Appointment

There is need of regularisation when any employee completed many years in continuous service.

After giving permanent status through making permanent employee may get retirement benefits.

Cancellation of Permanency is illegal

Once any employer confirmed and regularized any employee. Ordering of cancellation of regularisation is illegal.

In one of the case, the Supreme Court held that once the worker completed requisite number of years and employer passed permanency order.

Employer cannot cancel the order of permanent, once employer regularized the employee it cannot pass termination of temporary employee. 

Grounds for Regularisation

There are various grounds for seeking regularisation as permanent employees. Few are as follows:-

(a)     Long Continuous Service.

(b)     Working against permanent sanctioned post.

(c)     Completing 240 days under Industrial Dispute Act.

(d)     Making representation for permanent status.

Regularisation against Sanctioned Post only

If any employee working against non-sanctioned post even for prolong period, he cannot ask permanency because making permanent is permitted against sanctioned post only.

Supreme Court Orders on Regularisation

Court can direct to the employer / department for regularisation, if Court satisfied that employer had deliberately indulged in unfair or unhealthy labor practice to deny casual or badly workers a claim of permanency.

Case Reference: HD Singh Vs Reserve Bank of India, 1985 4 SCC 201

Repeated ad hoc employment is improper in law. Permanency of University teacher must be only in accordance with the procedure laid down under the University laws.

Case Reference: Meera Massay Vs SR Mehrotra, AIR 1998 SC 1153

If there is valid policy decision by the government for making permanent of ad hoc employees, then such employees have the right to enforce the same by approaching court.

Case Reference: Gurjinder Kaur Vs State of Punjab, 1984 (1) SLR 450

High Court Orders for Regularisation 

Where the condition precedent for regularisation is provided in the statute, then a regularisation without fulfillment of such condition precedent was wholly jurisdiction.

Case Reference: Santosh Kumar Singh Vs State of U.P. (1996) 2 SCC 4

Successive extension of temporary appointment does not give rise to legitimate expectation of permanency.

Chanchal Goyal (Mrs.) Vs State of Rajasthan, AIR 2003 SC 1713

Ad hocism for long time period is not a sound policy. State should be model employer.

Case Reference: Rattan Lal Vs State of Haryana, AIR 1987 SC 478