Recognition of entitlements for long-serving casual workers under employment laws, emphasizing fair treatment and prevention of exploitation by the State.

ORDER :

The Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records relating to an order of the 1^st respondent dated 14.05.2024 and quash the same in so far as the petitioners are concerned and to direct the respondents to grant minimum time scale of pay of Rs.18,500/- per month to the petitioners as had been extended in G.O.Ms.No.233, Public Works Department dated 06.12.2019.

2. In the affidavit filed in support of the writ petition it had been contended that the petitioners had been appointed as Nominal Muster Roll (NMR) casual labourer between 2001 and 2015 and continue to discharge work under the respondents. It had been stated that though they had put to continuous uninterrupted work, their services had neither been regularized nor had their salary been brought under the regular minimum time scale of pay.

3. In this connection, it had further been contended that the respondents had passed G.O.Ms.233 Public Works Department date 06.12.2019 wherein, a Screening Committee had been formed to identify the similarly placed workmen like the petitioners and 3407 daily rated casual labourers had been pointed out and granted minimum time scale of pay.

4. Unfortunately, the case of the petitioners had not been examined by the Screening Committee. In the impugned order, it had been contended that the petitioners cannot be brought into regular service since they had not completed 10 years of service. It is therefore contended that the claim of the petitioners cannot be addressed by the respondents. Therefore, it is sought that the writ petition should be dismissed.

5. Heard both sides.

6. The fact that the petitioners had been in continuous employment, albeit as NMR casual labourers for a considerable period of time and without any break in service cannot be either denied or disputed by the respondents. The only issue is about their claim to be brought into regular time scale of pay. They claimed that they must be paid a sum of Rs.18,500/- per month. It is seen that the respondents had passed G.O.Ms.No.233 Public Works Department dated 06.12.2019. The Screening Committee had examined the case of 3407 daily rated workers and had recommended that they should be paid with regular time scale of pay at Rs.18,500/- per month. Unfortunately, the records of the petitioners had not placed before the Screening Committee.

7. It is contended by the learned counsel for the petitioners that the Screening Committee was a one time measure. By the impugned order, the respondents had proceeded on the basis that the petitioners seek regularization of service and therefore, the impugned order had been passed rejecting the claim of the petitioners.

8. In this connection, reference could be made to the observations and dictum laid down by the Hon'ble Supreme Court in Jaggo V. Union of India and Others reported in 2024 SCC OnLine SC 3826, wherein, it had been held as follows:

25. It is a disconcerting reality that temporary employees, particularly in government institutions, often face multifaceted forms of exploitation. While the foundational purpose of temporary contracts may have been to address short-term or seasonal needs, they have increasingly become a mechanism to evade long-term obligations owed to employees. These practices manifest in several ways:

• Misuse of “Temporary” Labels: Employees engaged for work that is essential, recurring, and integral to the functioning of an institution are often labeled as “temporary” or “contractual,” even when their roles mirror those of regular employees. Such misclassification deprives workers of the dignity, security, and benefits that reg