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HARINATH N.
Syed Noor Basha, S/o. S. A. Sattar – Appellant
Versus
Chairman and Managing Director, A. P. Transco, Vidyuth Soudha, Somajiguda, Hyderabad – Respondent
ORDER :
HARINATH N., J.
The petitioners in the batch of writ petitions are aggrieved by the in-action of the respondents in not regularizing their services and have sought for regularization of their services. As the grievance of the petitioners is common and seek directions to the respondents for regularization of their services. A common order is passed.
2. For the sake of brevity, the case of the petitioners is discussed separately. The 1st petitioner in WP.No.15272 of 2010 is working as Watchman – Cum – Security Guard in T.L.C. Stores, AP Transco, Kadapa since 22.02.1993. The 2nd petitioner is working as Watchman – Cum – Security Guard since 01.05.1992. The 3rd petitioner is working as Watchman – Cum – Security Guard since 01.07.1996. All the petitioners were subsequently treated as working under a Contractor from the year 2003-2004. The petitioners claim that their services were routed through a contractor continuously without any interruption. Though, the contractors kept changing year on year, the nature of work of the petitioners did not change, but continued with meager amount of wages. There is a disparity in wages in so far as basic wage drawn by a watchman whose services a
The court affirmed that contract laborers engaged in perennial work are entitled to regularization of services, emphasizing the need for equitable treatment among similarly situated employees.
Contractual employees cannot claim regularization without a formal appointment or established employer-employee relationship.
Employees engaged in perennial positions for over five years must be considered for regularization, adhering to precedents on service entitlements.
The court ruled that contract labour cannot claim regularization without establishing an employer-employee relationship and supporting documentation.
Establishing an employer-employee relationship is essential for regularization claims; contract-based employment does not create inherent rights to permanent status.
The main legal point established in the judgment is the entitlement of contract workers to seek regularization of their services based on positive recommendations and lack of evidence to prove allege....
Contractual employees lack a fundamental right to regularization; such claims must comply with constitutional provisions and relevant recruitment rules.
The court established that the mere payment of wages or bonuses does not create an employer-employee relationship if a valid contractor exists.
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