02 April 2024 Employee Related >> Corporate Law   |   Dispute with employer >> Workplace/ Professional Related  

A recent court judgment has dashed the hopes of daily wage workers seeking permanent positions in government service. The case involved 32 workers who were employed in a government project but were classified as daily wage earners.

The workers argued that their long service entitled them to permanent positions. However, the court dismissed their claim based on several factors.

Crucial Factors in the Decision:

• Daily Wage Status: The court highlighted that the workers were never permanent employees. Their daily wage status indicated temporary or casual positions with no guarantee of permanency.
• No Sanctioned Vacancies: The court found that there were simply no approved permanent positions available within the department where the workers were employed. This lack of sanctioned vacancies meant there were no permanent roles to be filled.
• Improper Appointment: The court determined that the workers were not recruited following the proper government procedures for permanent positions. This irregularity in their appointment process further weakened their claim to permanency.
• Model Standing Orders Not Applicable: The workers cited the Model Standing Orders, which might grant permanency after 240 days of service. However, the court ruled that these provisions wouldn't apply in their case. Without proper appointment procedures and sanctioned vacancies, the Model Standing Orders held no weight.

Ruling and Significance:

The court ultimately dismissed the workers' appeal for permanent positions. This case emphasizes the importance of:

• Clear Job Classification: Understanding the distinction between temporary and permanent positions is crucial for workers. Daily wage roles typically don't translate to permanent employment.
• Following Recruitment Procedures: Government jobs have established procedures for recruitment. Bypassing these procedures can weaken an individual's claim to a permanent position.
• Understanding Regulations: While regulations like the Model Standing Orders offer benefits, they come with specific conditions. Fulfilling those conditions is essential to claim those benefits.

This case serves as a reminder for both government employers and potential employees to be aware of proper recruitment procedures and employee classifications to avoid such situations in the future.

  Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971