J&K High Court Upholds Rights of Long-Serving Employees for Regularization
PTK News Desk
The High Court of Jammu & Kashmir has emphasized the rights of employees who have rendered continuous service for an extended period, stating that they cannot be denied regularization benefits. The judgment, delivered by Justice Sanjeev Kumar, addressed the case of Ghar Singh, an employee of a university seeking retrospective regularization.
The petitioner, Ghar Singh, had approached the court seeking regularization, citing his continuous service as a Security Guard since July 7th, 1997. Despite his services being regularized in 2010, Singh argued that he was entitled to regularization immediately after completing seven years of service in 2004, as per relevant regulations.
Justice Kumar, in allowing Singh’s petition, underscored the principle that individuals engaged temporarily but consistently for more than seven years should be entitled to regularization. He emphasized that such employees cannot be labeled as ‘casual labor’ and deprived of regularization benefits.
The court’s decision granted Singh retrospective regularization as a Security Guard from April 1st, 2005, along with all consequential benefits, including arrears of salary. Addressing the issue of delay in seeking regularization, Justice Kumar noted the peculiar circumstances of the case and ruled that the delay should not hinder the granting of relief to the petitioner.
Importantly, the court highlighted the power dynamics between employers and employees, especially in cases involving petty workers like daily wage earners or security guards. It stressed the importance of protecting the rights of employees against powerful institutions like universities, ensuring fairness and justice in employment practices.
The ruling by the J&K High Court reaffirms the importance of upholding the rights of long-serving employees and ensuring that they receive due recognition and benefits for their dedicated service. It sets a precedent for fair and equitable treatment of employees, particularly those in vulnerable positions, within the realm of labor law and regulation.
