Long engagement in employment may necessitate regularization despite cut-off dates, emphasizing job security and fair treatment.

ORDER :

Biraja Prasanna Satapathy, J.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. All these Writ Petitions have been filed inter alia challenging the rejection of the claim to get the benefit of regularization in spite of their long continuance under Bhubaneswar Municipal Corporation (in short ‘Corporation’).

4. It is contended that Petitioner in W.P.(C) No.20451 of 2022 was engaged on daily wages basis on 01.07.1997, Petitioner in W.P.(C) No.20448 of 2022 on 21.06.1995, Petitioner in W.P.(C) No.20449 of 2022 on 21.02.1997, Petitioner in W.P.(C) No.20452 of 2022 on 21.02.1998 and Petitioner in W.P.(C) No.29733 of 2022 on 01.09.1994.

4.1. It is contended that on the face of such long continuance on daily wages basis, when no step was taken to regularize their services in terms of the decisions rendered by the Hon’ble Apex Court in the case of Secretary, State of Karnataka vs. Uma Devi (3), (2006) 4 SCC-1, State of Karnatak vs. M.L.Keshari, (2010) 9 SCC 247, Nihal Singh & Others vs. State of Punjab & Others, 2013 (14) SCC 65 and Amarkant Rai vs. State of Bihar & Others, 2015 (8) SCC 265, Petitioners approached this Court by filing different Writ Petitions. This Court when directed for consideration of their claim for regularization in terms of the aforesaid decisions of the Hon’ble Apex Court, without proper appreciation of the same, claim of the Petitioners in the present batch of cases has been rejected vide the impugned orders.

4.2. Learned counsel appearing for the Petitioners contended that the only ground on which claim of the Petitioners have been rejected is that they have been engaged on daily wages basis after the cut-off date i.e. 12.04.1993, so fixed by the Government in the Finance Department in its Resolution dtd.15.05.1997.

4.3. Learned counsel appearing for the Petitioners contended that even though all the Petitioners are engaged after 12.04.1993, but in view of their long continuance for more than 28 years in all the cases, the said cut-off date cannot be made applicable in view of the recent decision of the Hon’ble Apex Court in the case of Jaggo vrs. Union of India & Others and Shripal and Anr. vrs. Nagar Nigam, Ghaziabad and judgment dtd.02.05.2023 in WPC (OAC) Nos.1568 of 2018 & batch of this Court.

4.4. View expressed by the Hon’ble Apex Court in Para-22 to 25 and 27 in the case of Jaggo reads as follows:-

“22. The pervasive misuse of temporary employment contracts, as exemplified in this case, reflects a broader systemic issue that adversely affects workers' rights and job security. In the private sector, the rise of the gig economy has led to an increase in precarious employment arrangements, often characterized by lack of benefits, job security, and fair treatment. Such practices have been criticized for exploiting workers and undermining labour standards. Government institutions, entrusted with upholding the principles of fairness and justice, bear an even greater responsibility to avoid such exploitative employment practices. When public sector entities engage in misuse of temporary contracts, it not only mirrors the detrimental trends observed in the gig economy but also sets a concerning precedent that can erode public trust in governmental operations.

23. The International Labour Organization (ILO), of which India is a founding member, has consistently advocated for employment stability and the fair treatment of workers. The ILO's Multinational Enterprises Declaration6 encourages companies to provide stable employment and to observe obligations concerning employment stability and social security. It emphasizes that enterprises should assume a leading role in promoting employment security, particularly in contexts where job discontinuation could exacerbate longterm unemployment.

24. The landmark judgement of the United State in the case of Vizcaino v. Microsoft Corporation7 serves as a pertinent example from the private se