'Uma Devi' Judgment Can't Be Used To Justify Exploitative Engagements : Supreme Court Allows Regularisation Of Long-Serving Daily Wagers
1 month, 2 weeks ago

'Uma Devi' Judgment Can't Be Used To Justify Exploitative Engagements : Supreme Court Allows Regularisation Of Long-Serving Daily Wagers

Live Law  

The Supreme Court recently criticized the practice of public institutions hiring workers on daily wages to avoid providing them with permanent benefits. While acknowledging the precedent set in State of Karnataka v. Uma Devi, which established that daily wage workers cannot claim permanent employment without meeting constitutional requirements and the existence of sanctioned vacancies, the Court clarified that this ruling cannot be used to deny long-serving workers their rights when the work they perform is inherently permanent. Instead, the Court clarified that Uma Devi's judgment does not justify the perpetual exploitation of daily wage workers denying them the benefits of regularization. Related : Govts Engaging Temporary Workers For Long Periods Unfair; 'Uma Devi' Judgment Being Misapplied Against Long-Serving Workers : Supreme Court Case Title: Shripal & Anr.

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History of this topic

Courts Cannot Compel Employers To Retain Contractual Employees Or Alter Terms Of Employment: J&K High Court
1 week, 2 days ago

Courts Cannot Compel Employers To Retain Contractual Employees Or Alter Terms Of Employment: J&K High Court

Live Law  

Dismissing a plea filed by 150 contractual healthcare workers seeking continuation of their services in Government Medical College, Jammu the Jammu and Kashmir and Ladakh High Court has reaffirmed that once a contract of employment has been mutually agreed upon without any objection or reservation, courts lack the jurisdiction to compel an employer to maintain the contract or alter the …

Govt Institutions Should Not Mirror Gig Economy Trends By Misusing Temporary Employment Contracts: Supreme Court
2 months, 3 weeks ago

Govt Institutions Should Not Mirror Gig Economy Trends By Misusing Temporary Employment Contracts: Supreme Court

Live Law  

The rise of the gig economy in the private sector has led to an increase in precarious employment arrangements, observed the Supreme Court in a recent judgment while advising the government departments from misusing the practice of engaging temporary workers. The judgment authored by Justice Nath observed : "The pervasive misuse of temporary employment contracts, as exemplified in this case, …

Govts Engaging Temporary Workers For Long Periods Unfair; 'Uma Devi' Judgment Being Misapplied Against Long-Serving Workers : Supreme Court
2 months, 3 weeks ago

Govts Engaging Temporary Workers For Long Periods Unfair; 'Uma Devi' Judgment Being Misapplied Against Long-Serving Workers : Supreme Court

Live Law  

The Supreme Court has criticised the practice of government institutions engaging workers on a temporary basis for a prolonged period, which results in the infringement of various labour rights. While allowing the regularisation of certain workers who were employed on a temporary basis for about 14-20 years by the Central Water Commission, a bench comprising Justice Vikram Nath and Prasanna …

Govt must set labour standards, not exploit workers: SC
3 months ago

Govt must set labour standards, not exploit workers: SC

Hindustan Times  

New Delhi The Supreme Court on Friday strongly criticised the growing prevalence of precarious employment arrangements, both in the gig economy and within government institutions, calling for fairer and more secure labour practices. Govt must set labour standards, not exploit workers: SC A bench of justices Vikram Nath and PB Varale observed that government departments must set a positive example …

Employee Appointed Through Valid Process Can't Be Denied Regularization If Performing Permanent Role For Considerable Time: Supreme Court
10 months, 3 weeks ago

Employee Appointed Through Valid Process Can't Be Denied Regularization If Performing Permanent Role For Considerable Time: Supreme Court

Live Law  

The Supreme Court held that procedural formalities cannot be used to deny regularization of service to an employee whose appointment was termed "temporary" but has performed the same duties as performed by the regular employee over a considerable period in the capacity of the regular employee.Setting aside the High Court's decision which had declined to regularize the employment of employees. …

'Umadevi Judgment Cannot Be Seen As Providing A Rigid Cut-Off Date' : Tripura HC Upholds Workers' Claim For Regularization
4 years ago

'Umadevi Judgment Cannot Be Seen As Providing A Rigid Cut-Off Date' : Tripura HC Upholds Workers' Claim For Regularization

Live Law  

In a notable judgment, the Tripura High Court recently upheld the claim of 13 casual workers for regularization in government employment.A division bench comprising Chief Justice Akil Kureshi and Justice SG Chattopadhyay directed the Tripura Government to constitute a committee to consider the claim of the petitioners for regularization.The bench ordered that the employees fulfilling. The Court ordered that such …

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]
7 years, 11 months ago

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]

Live Law  

The Supreme Court has set aside an order of Central Administrative Tribunal, which had held that a casual labourer after having been granted temporary status is entitled to reckon 100 per cent period of service with temporary status for pensionary benefit.Allowing the appeal filed by the Union of India, the court held that the casual worker after obtaining temporary status. …

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]
7 years, 11 months ago

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]

Live Law  

The Supreme Court has set aside an order of Central Administrative Tribunal, which had held that a casual labourer after having been granted temporary status is entitled to reckon 100 per cent period of service with temporary status for pensionary benefit.Allowing the appeal filed by the Union of India, the court held that the casual worker after obtaining temporary status. …

No prohibition in giving weightage to service rendered by daily wages employees: SC clarifies Uma Devi’s Judgment [Read Judgment]
8 years, 7 months ago

No prohibition in giving weightage to service rendered by daily wages employees: SC clarifies Uma Devi’s Judgment [Read Judgment]

Live Law  

The Supreme Court of India has clarified that, its Judgment in Secretary, State of Karnataka vs. Uma Devi has not prohibited the State from giving weightage for the service rendered by employees where services were used by the State either temporarily or on adhoc bases, including daily wage basis, irrespective of the regularity of their initial entry into the service. …

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