Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
No Right To Regularization For Casual Workers Without Proper Recruitment Process: Delhi HC
The Delhi High Court ruled that casual workers cannot claim regularization without undergoing a proper recruitment process. Justice Chandra Dhari Singh upheld the Industrial Tribunal’s finding of illegal termination of a PNB temporary worker but modified the relief from reinstatement to monetary compensation of Rs. 2.5 lakh. The court emphasized that mere continuation in service does not confer regularization rights, citing Supreme Court precedents. The case involved Manoj Kumar, a sweeper employed by PNB from 1993 to 1997, who was terminated without notice. Kumar’s plea for regularization was denied, and the court ruled that compensation is the appropriate relief for procedural violations in terminating temporary workers. The court highlighted that regularization claims must adhere to established recruitment procedures and that arbitrary or discriminatory practices violate constitutional principles.