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| DB says enough is enough, orders regularization after 30 Years | | | Early Times Report
JAMMU, Aug 31: Bringing long-awaited relief to a group of Floriculture Department workers, the High Court of Jammu and Kashmir and Ladakh has upheld their regularization after nearly three decades of continuous service, dismissing the Union Territory administration's plea against the order.
A Division Bench comprising Justice Sindhu Sharma and Justice Rajesh Sekhri, while hearing the matter through virtual mode, ruled that denial of regular status to these workers, despite their uninterrupted service since 1993, amounted to "grave injustice".
The respondents were engaged as daily-rated workers in the Department of Floriculture, Gardens and Parks in 1993 for maintaining parks and gardens. Their cases were repeatedly recommended for regularization by the department but were rejected in 2016 on the plea that they were not covered under SRO 64 of 1994.
After multiple rounds of litigation-including an earlier direction from the High Court in 2016 and a fresh rejection in 2021-the workers moved the Central Administrative Tribunal (CAT), Jammu Bench, which in December 2024 ordered their regularization with effect from the date they completed seven years of service, along with consequential benefits.
Upholding the Tribunal's verdict, the High Court noted that the workers had been engaged prior to the ban of April 1, 1994, and their continuous service for over 30 years clearly proved a sustained need for their work.
Citing earlier Division Bench rulings in Mushtaq Ahmed Sohail and Anuradha, the Court reiterated that when casual labourers are retained for decades, the law presumes a regular requirement, making regularization a rightful remedy.
The Bench also referred to the Supreme Court's recent judgment in Jaggo vs Union of India (2024), stressing that government departments must lead by example in providing fair and stable employment instead of exploiting workers under temporary arrangements.
"The respondents' long and uninterrupted service extending now beyond 30 years cannot be brushed aside… their sustained contribution warrants equitable treatment, and denial of this benefit would amount to grave injustice," the Bench observed.
Accordingly, the Division Bench dismissed the UT administration's plea and upheld the regularization of Floriculture daily wagers with full benefits and arrears.
(JNF) |
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