Long-serving temporary employees performing essential functions may be regularized despite procedural lapses, ensuring fair employment rights and protections.

JUDGMENT :

Bharati Dangre, J.

1. The twelve Petitioners before us appointed as Daily Wagers with the Margao Municipal Council, rely upon the Office Memorandum dated 29.10.1990 issued by the Government of Goa, where a decision was taken by the Government to consider regularization of employees, who have completed more than five years of continuous service either as NMRs/Daily Wagers subject to the condition that the work to be provided to them should be available on continuous basis and the persons should qualify for the post as per the Recruitment Rules.

2. The very same direction was reiterated in form of instructions issued by the Government of Goa in the Office Memorandum dated 07.06.2000, to the following effect :

“The Government vide O.M. No.9/1/90-Fin (R & C) dated 9/10/1990 from Finance ( Rev & control) Department has issued instructions to the effect that once the employee completes 5 years of continuous service as NMRs/Daily Wager, he/she would automatically qualify for being considered for regularization subject to the conditions laid down therein. Now the Government has further decided that those who have completed 5 years in Government service are to be regularized.”

It is the case of the Petitioners that though they were appointed on Daily Wage basis to carry out the work of garbage collectors and act as road workers, their salaries were paid on monthly basis. Their appointment was extended on month to month basis right from their appointment.

In the year 2006, 39 Daily Wagers who had completed continuous five years of service, were regularised by the Margao Municipal Council, by appointing them on probation period of two years and also with a stipulation that they shall carry out the work/duty as entrusted to them by the employer and by making the relevant Rules/Agreement applicable to them.

3. It is the specific case of the Petitioners that a settlement dated 08.05.2014 was arrived at under Section 2 (P) read with Section 18 (1) of the Industrial Dispute Act, 1947, between the Municipal Council and their workers/employees represented by the Goa Municipal Council Association, Margao, in a charter of demands and the terms of settlement included the following :

“D) Demand regarding regularization of Daily rated employees/Workers.

It is agreed between the parties that as per the Circular No.9/58/2001-PER-Part dated 10/02/2014 received from Department of Personnel, Government of Goa it is agreed to regularize those employees/workers who are working as daily wages for five years and above.”

The Memorandum of Settlement recorded that the settlement shall operate for three years from 01.07.2013 to 30.06.2016 and shall continue to remain in force until the same is terminated by either party in writing in accordance with law.

4. In the backdrop of this, the time was ripe for implementation of the settlement and this came for discussion in the meeting of the Municipal Council held on 18.08.2014, when it was resolved that a list of eligible candidates shall be prepared and submitted for regularisation to the Director (Urban Development) for its approval and once the approval is obtained, the eligible staff shall be regularised.

The Department of Urban Development, with respect to the subject, of 'Approval for regularisation' informed the Chief Officer that Departmental Promotion Committee (DPC) shall be constituted to arrive at an appropriate decision and reference was also made to the office Memorandum dated 29.10.19