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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Anoop Kumar Dhand, J.
Suresh Yadav - Appellant
Versus
Nagar Nigam Jaipur Through Its Chief Commissioner Head Office & Ors. - Respondents
S.B. Civil Writ Petition No. 3534 of 2011
Decided On : 30-01-2023
Regularization - Employment - Article 226 - The court discussed the principles surrounding the regularization of contractual employees, emphasizing the lack of employer-employee relationship and the absence of a regular appointment, leading to the dismissal of the writ petition.
Fact of the Case:
The petitioner, a contractual driver since 1995, sought regularization of his service after being terminated and reappointed. He argued that his case was similar to others who received regularization.
Finding of the Court:
The court found that the petitioner was employed on a contractual basis without any regular appointment, and thus, he was not entitled to regularization.
Issues: Whether the petitioner, employed on a contractual basis, is entitled to regularization of service and benefits.
Ratio Decidendi: The court held that mere continuation of service on a contractual basis does not confer rights to regularization, especially in the absence of an employer-employee relationship.
Result: The writ petition is dismissed.
ORDER
1. Instant petition has been filed by the petitioner with the following prayer:-
(i) Given directions to the respondents for regularization of service of the petitioner from the date the similarly situated persons given benefits of regularization.
(ii) Given directions for payment of arrears and other benefits to the petitioner.
(iii) Any order or direction may deem fit and proper in favour of the petitioner for and of Justice.'
2. Counsel for the petitioner submits that the petitioner was appointed on the post of Driver on contract basis through placement agency in the year 1995 but his services were terminated in the month of February, 1999 and again he was taken back in service on the same post in the month of June 1999. Counsel submits that since then the petitioner was continuously working on the said post of Driver without interruption and the respondents are liable to regularize the services of petitioner. Counsel submits that the case of the petitioner is squarely covered by the judgment of this Court passed in the case of Lachchhi Ram Sharma Vs. Jaipur Municipal Corporation, Jaipur and Anr. (SBCWP No. 5303/2008 decided on 17.09.2008). Counsel for the petitioner further submits that the judgment of this Court passed in the case of Lachchhi Ram Sharma (Supra) was assailed by the Jaipur Municipal Corporation before Division Bench of this Court by filing D.B. Civil Special Appeal (Writ) No. 399/2009 and the same was dismissed. Counsel submits that under these circumstances, same order may be passed in the instant case directing the respondents to regularize the service of petitioner along with all consequential benefits.
3. Learned counsel for the petitioner has also placed reliance on the judgments of the Hukum Chand and Anr. Vs. Industrial Tribunal, Jaipur and Ors. (S.B. Civil Writ Petition No. 5043/2005 decided on 02.01.2017) and Om Prakash Vs. State of Rajasthan and Anr. (S.B. Civil Writ Petition No. 13615/2012, decided on 14.09.2017).
4. Per contra, learned counsel for the respondents opposed the arguments raised by the learned counsel for the petitioner and submitted that the petitioner is working on the post of Driver through placement agency and a contractual employee is not entitled to claim regularization in service. Counsel submits that there existed no relationship of employer and employee between the petitioner and the State. Counsel submits that no document with regard to the appointment of the petitioner has been placed on record, which could indicate that the petitioner is holding a regular appointment. Counsel submits that under these circumstances, the petitioner is not entitled to claim regularization and the petition filed by the petitioner is liable to be rejected on this count.
5. In support of their contentions, they have placed reliance on the Division Bench judgment of this Court in the case of Murai Lal Gurjar and Ors. Vs. State of Rajasthan and Ors. in D.B. Special Appeal (Writ) No. 1029/2022 decided on 08.09.2022.
6. Heard and considered the submissions made at bar.
7. It is admitted case of the petitioner that he is working on the post of Driver on contract basis. This is also admitted fact on record that no regular appointment order has been passed in favour of the petitioner by the respondents. As per reply submitted by the respondents, the petitioner is working on the said post on contract basis through placement agency.
8. The Hon'ble Apex Court in the case of K.K. Suresh and Anr. Vs. Food Corporation of India and Ors. reported in 2018(17) SCC 641, has dealt with the issue involved in this case and held in para No. 7 as under:-
Contractual employees cannot claim regularization without a formal appointment or established employer-employee relationship.
Contractual employees lack a fundamental right to regularization; such claims must comply with constitutional provisions and relevant recruitment rules.
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.
Regularization of employees with irregular appointments who have served for a significant duration is constitutionally mandated when they fulfill essential duties, emphasizing equity and justice in p....
Establishing an employer-employee relationship is essential for regularization claims; contract-based employment does not create inherent rights to permanent status.
Regularization of services for employees who have served for over ten years is a right that must be considered by the state, provided there are no valid objections, and the state must adhere to its o....
Long-term employees engaged in continuous service are entitled to regularization and benefits even post-retirement if their claims remain pending during their service, subject to compliance with appl....
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