Temporary employees performing essential functions are entitled to regularization and minimum pay, emphasizing the responsibility of employers to ensure fair treatment and compliance with legal standards.

ORDER :

The Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records relating to an order of the 2^nd respondent dated 24.07.2023 and to quash the same 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 petitioner had been appointed as Nominal Muster Roll (NMR) casual labourer on 01.03.1998 and continue to discharge work under the respondents. It had been stated that though she had put to continuous uninterrupted work, her services had neither been regularized nor her salary had 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 petitioner and 3407 daily rated casual labourers had been pointed out and granted minimum time scale of pay.

4. Unfortunately, the case of the petitioner had not been examined by the Screening Committee. In the impugned order, it had been contended that the petitioner cannot be brought into regular service since she had not been recommended before the Screening Committee. It is therefore contended that the claim of the petitioner 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 petitioner 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 her claim to be brought into regular time scale of pay. She claimed that she 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 petitioner had not placed before the Screening Committee.

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

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 regular emplo