On Monday, July 22, the Supreme Court emphasised that while daily wage workers do not possess an inherent legal right to demand regularisation, they should benefit from any policy decision for regularisation made by the competent authority if they meet the criteria.
A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan upheld the Madhya Pradesh High Court’s directive to regularise a daily wage worker employed at Government Kalaniketan Polytechnic College in Jabalpur.
“It is true that an employee engaged on daily wages has no legally vested right to seek regularisation of his services. However, if the competent authority takes a policy decision within the permissible framework, its benefit must be extended to all those who fall within the parameters of such a policy. Authorities cannot be permitted to pick and choose in such circumstances,” the Supreme Court noted.
The case involved Shyam Kumar Yadav, who was initially employed as a daily-rated worker at the Collectorate rate on November 26, 1993. After his termination on May 12, 1995, the Screening Committee recommended his reinstatement. The State claimed his reinstatement occurred in 2009, but records showed he had been working since 2006.
The core issue was whether Yadav deserved regularisation given the government policy and his extended service as a daily wage worker. The MP High Court ruled in Yadav’s favor, a decision affirmed by its Division Bench on March 16, 2018. The State government challenged this ruling in the Supreme Court.
The Supreme Court observed that the affidavits and documents provided by the petitioner-State, including an affidavit from the Commissioner of Technical Education, Bhopal, were vague and misleading.
The Court noted Yadav’s continuous service as a daily wage worker from 2005 to 2009, his eligibility for the post, and that his initial appointment complied with Articles 14 and 16 of the Constitution.
Consequently, the Supreme Court found no reason to overturn the High Court’s order for Yadav’s regularisation. It dismissed the State of Madhya Pradesh’s Special Leave Petition and instructed the State to grant Yadav all regular employment benefits, including back pay and seniority, within three months.
