Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Law Regularization |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Law:Regularization - Border Roads Organization (BRO) .Respondent-trade union filed writ petition seeking regularization of casual labourers employed by BRO - High Court directed appellant No. 1 to regularize such casual workers on basis of an Office Memo, purportedly issued by the appellants - Direction challenged - Held: The High Court erroneously construed the said Office memo as an approved scheme for absorption and regularization of the casual workers - The said Office Memo was merely in the nature of an inter-department communication between the Border Roads Development Board headquarters and its officials . Claim for regularization of casual workers; merely because they had been working for BRO for a considerable period of time, cannot be granted - Casual employment terminates when the same is discontinued, and merely because a temporary or casual worker was engaged beyond the period of his employment, he would not be entitled to be absorbed in regular service or made permanent, if the original appointment was not in terms of the process envisaged by the relevant rules.Regularisation - Casual workers engaged by Border Roads Organization (BRO) for thirty to forty years, with short breaks - Need for appropriate regulation/scheme - Union of India to consider enacting an appropriate regulation/scheme for absorption and regularization of the services of the casual workers engaged by BRO. Administrative Law - Administrative policy - Inter- departmental communications and notings in departmental files - Held: Do not have the sanction of law and do not create a legally enforceable right. |
Judge | Hon'ble Mr. Justice D.K. Jain Honble Mr. Justice H.L. Dattu |
Neutral Citation | 2011 INSC 182 |
Petitioner | Union Of India And Ors. |
Respondent | Vartak Labour Union |
SCR | [2011] 4 S.C.R. 509 |
Judgement Date | 2011-03-04 |
Case Number | 2129-2130 |
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