Employment Conditions Can't Take Away Employees' Right To Seek Judicial Review Of Employer's Actions: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh on Thursday ruled that an employer cannot impose such conditions of employment which have the effect of taking away the right of its employees to seek judicial review of the actions of the employer. The court passed the observations in two petitions filed by the casual labourers challenging the order of Area Manager, Food Corporation of India issued in November, 24, 2016 wherein the petitioners along with proforma respondents had been accorded temporary status, subject to certain terms and conditions laid down in the order. The petitioners had challenged the said order of FCI whereby the casual workers including the petitioners, who were conferred temporary status shall not be brought on permanent payroll and shall not become employees of the FCI unless policy of regularization or permanent absorption is issued by the FCI in future on the ground that it took away their right of seeking a judicial review. "The petitioners have not been able to bring to my notice any representation or protest petition filed by them against the impugned order," the court said.