HC directs for regularization of adhoc/contractuals in SICOP

Excelsior Correspondent

SRINAGAR, Aug 31: High Court in a significant decision directed the Government to regularize the services of various employees in J&K Small Scale Industries Development Corporation Limited (SICOP) from the date they have completed seven years of adhoc, consolidated and contractual services.

Justice Sanjay Dhar has allowed the plea of these employees who are working for the last two decades on temporary, ad hoc and contractual basis and they are holding different posts, including District Manager, Technical Assistant, P.A. to General Manager, J.E., Driver, Assistant Accountant, Ledger Assistant, Legal Assistant and Public Paravkar.

According to authorities, the petitioners were engaged on consolidated, contractual, contingency basis in different capacities to tide over the shortage of manpower and the arrangement was made only on temporary basis and mere continuance of the petitioners for a long period of time cannot clothe them with any right to seek regularization.

The court has been that SIDCO and SICOP have been merged together into J&KIDC as per the decision taken on 25.03.2022 and it was also decided that the decision regarding need based and consolidated employees engaged in SIDCO and SICOP shall be taken by the Board of Directors of J&KIDC and that the roadmap of J&KIDC is under progress and there is no policy as on date approved by the Government for regularization of daily wagers and contractual employees and, as such, the claim of the petitioners is not sustainable.

However, the petitioners through their counsel rebutted this argument as advanced by the Government counsel submitted that the respondent Corporation has its own service rules and that its Board of Directors is competent to take decisions with regard to service conditions of its employees and it is on the basis of this legal position that the Board of Directors, in its 84th meeting, took a decision for regularization of services of temporary/ad hoc employees.

"…the writ petition is allowed and the respondents are directed to consider regularization of services of the petitioners on the posts on which they are working, from the date of completion of seven years of adhoc/consolidated/contractual/need based service with all consequential benefits including the arrears of salary within a period of three months from the date a copy of this judgment is served upon them", the court directed.

The court after having regard to the distinct identity of the respondent Corporation said, its Board of Directors has the authority and competence to frame a regularization policy for its employees even though there may not be any such policy in vogue in the Government.

"Merely because the respondent Corporation has now been incorporated/ merged into a new entity i.e. J&K IDC, the previous decisions taken by the Board of Directors of the respondent Corporation would not get obliterated unless the Board of Directors of the respondent Corporation or the new entity decides to scrap that policy", Justice Dhar clarified.