Significance of
Supreme Court judgement is that Govt can not deny regularization stating that
the Umadevi’s case Supreme Court has put a cut off period as 2006.
Whenever any
case is filed by Casual labourers engaged after 2006 in CAT, the Govt is giving
counter by quoting the 2006 judgment of Supreme Court in Umadevi’s case. CAT or
High Court also reject their claim stating that after 2006 no regularization
can be considered as per 2006 Supreme Court judgement in Umadevi’s case. Even
in JCM (NC) Standing Committee Govt has repeated this stand. Now Supreme Court
has clearly stated that 2006 judgement
doesn’t mean that Govt is bound to regularise ONLY those irregularly appointed
casual labourers up to 2006 only provided they complete 10 years service up to
2006 and can go on engaging casual labourers after 2006 as the question of
regularization is not applicable to them and thus continue exploitation of them
without regularization.
Court ruled that
those appointed after 2006 should also be considered for regularization. Even
if the appointment is made after 2006, those casual labourers can now approach
the CAT for regularization quoting this judgement. This is the importance of
this judgement.
Of course, this
particular judgement will be implemented for Jhakhand State Govt casual
laboureres only. But the above mentioned important observations and ruling of Supreme
Court clarifying the 2006 Constitution Bench judgement of the same Court are beneficial to all casual
labourers.
Similarly, the
stand taken by the Govt that all appointments (engagements) of casual labourers
made after 01-09-1993 are irregular and hence not eligible for regularization,
will not also stand in the Court of Law after this judgement. In Umadevi’s case
also Supreme Court has clearly ruled that those irregularly appointed casual
labourers (even if appointed after 01-09-1993)are eligible for regularization,
if they have completed 10 years of service.
M.Krishnan
Secretary General
Confederation
No comments:
Post a Comment