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| DB directs state to regularize migrant daily workers | | | Early Times Report
JAMMU, Nov 1: In an appeal filed by the state of J&K & Ors regarding the regularization of migrant daily rated/ work charge employees who were appointed between 1979 and 1986, Division Bench of the State High Court comprising Chief Justice Dr. Aftab H Saikia and Justice Sunil Hali directed the state that the daily rated workers/ work charge employees (migrants) are entitled to regularization including all consequential benefits of regularization.
After the decision of the State High Court, the migrant daily rated workers filed SLP in the Supreme Court of India, challenging the judgment and order dated April 22, 2004 passed by the Division Bench of the state whereby the High Court rejected the claims of the respondents for regularization with effect from any date prior to their actual regularization and creation of post, the Supreme Court remanded the matter to the State High Court for hearing a fresh in accordance with the circular/ cabinet decision dated December 12, 1996. Apex Court remanded the present case to State High Court on April 6, 2010.
The court has taken up for final disposal on being remanded by the Supreme Court.
This Landmark judgment in the larger interest of the migrant daily rater workers written by Chief Justice Dr. Aftab H Saikia for the Division Bench has referred the Supreme Court order also the Circular/ Cabinet Decision dated December 12, 1996 after hearing Adv GS Thakur counsel for the State as well as Adv KL Pandita counsel for the respondent daily rated employees observed that in the cabinet decision it is clearly and specifically indicated that the daily rated workers (migrants) who have completed seven year are more continuous working prior to their migration from the valley and have been re-engaged in the same dept outside the valley even after a break beyond the admissible limit and are continuously working as such in the same dept may be regularized with effect from April 1, 1994 provided they were re-engaged on or before April 1, 1994 in the same dept are continuously working and paid from the date of their re-engagement.
The court further observed that all the respondents in this appeal have been engaged as Daily Rated Workers during the period between 1979 and 1986 and are accordingly they have already completed more than seven years prior to the cut of date April 1, 1994 has indicated in the circular itself. In such premises all the respondents shall get the benefit of the circular in question. Accordingly Division Bench is of the considered view that the respondents’ migrant daily workers are entitled to regularization including all consequential benefits of regularization and directed the State that entire process shall be undertaken and completed within a period of three months from the date when the certified copy of this order is made available to the state appellants by the respondents.
---(JNF)
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