Case Note & Summary
The petitioners, 29 Laboratory Assistants Grade II employed at the Central Water and Power Research Station (CWPRS), Pune, filed a writ petition seeking regularisation of their services and consequential benefits. They had been working on a temporary basis for periods ranging from 10 to 15 years, with artificial breaks imposed by the respondents to prevent them from acquiring permanency. The petitioners contended that they performed the same duties as regular Laboratory Assistants and were entitled to equal pay and regularisation under Articles 14 and 16 of the Constitution. The respondents argued that the petitioners were engaged on a project basis and that their services were not required on a permanent footing. The court examined the facts and found that the petitioners had been continuously employed for long periods, often exceeding 10 years, and that the work they performed was of a perennial nature. The court held that the doctrine of legitimate expectation applied, and the respondents could not continue to employ the petitioners on a temporary basis indefinitely. The court directed the respondents to regularise the services of the petitioners against available vacancies within six months and to pay them the minimum of the pay scale of regular Laboratory Assistants from the date of filing of the petition. The court also directed that the petitioners be given continuity of service for all purposes except for the period prior to regularisation.
Headnote
A) Service Law - Regularisation of Temporary Employees - Legitimate Expectation - Petitioners worked as Laboratory Assistants for 10-15 years on temporary basis with artificial breaks - Court held that such long continuous service creates a legitimate expectation of regularisation, and the employer cannot continue to employ them on temporary basis indefinitely - Held that the respondents must consider regularisation against available vacancies (Paras 1-10). B) Service Law - Equal Pay for Equal Work - Temporary employees performing same duties as regular employees are entitled to same pay - Court directed that petitioners be paid minimum of the pay scale of regular Laboratory Assistants from the date of filing of the petition (Paras 11-15).
Issue of Consideration
Whether the petitioners, who have worked as Laboratory Assistants for over a decade on a temporary basis, are entitled to regularisation of their services and consequential benefits.
Final Decision
The court allowed the writ petition and directed the respondents to regularise the services of the petitioners against available vacancies within six months, pay them the minimum of the pay scale of regular Laboratory Assistants from the date of filing of the petition, and grant continuity of service for all purposes except for the period prior to regularisation.
Law Points
- Regularisation of temporary employees
- Equal pay for equal work
- Doctrine of legitimate expectation
- Articles 14 and 16 of the Constitution of India
