Excelsior Correspondent
SRINAGAR, June 9: High Court has refused to quash the order of J&K Tourism Development Corporation (JKTDC) whereby restriction was imposed on engagement of casual and consolidated labourers and said the petitioners are not entitled to regularization as envisaged under law.
The Petitioners claiming to be the casual and consolidated appointees in JKTDC prayed for quashing of Order dated 27th May 2019, imposing restriction upon their engagement as casual and consolidated labour with a further direction to regularize their services under Jammu and Kashmir Civil Services (Special Provisions), 2010 Act.
According to petitioners plea that the Circular no.30-GAD of 2019 dated 24th May 2019 which is reiteration of 2010 Act is not applicable to them and they are required to be allowed to continue as they have been engaged in the corporation much before issuance of Circular. The said circular issued by the Government imposes a ban on engagement of Casual, Seasonal, Ad hoc, Consolidated, Contractual, Need based and Daily rated workers etc.
The Act of 2010 has been enacted to provide for regularization of the employees appointed on Ad hoc, contractual or consolidated basis but shall not apply to the persons who have been appointed on tenure posts co-terminus with the life of the project or scheme of the State or Central Government and those appointed on academic arrangement for a fixed term in any government department.
Justice V C Koul has reiterated that the said Act provides that a person, claiming regularization, is required to fulfill various conditions, which includes that he has been appointed against a clear vacancy or post can be regularized and he continues on the appointed day; and he possessed the requisite qualification and eligibility for the post on the date of his initial appointment on Ad hoc or contractual or consolidated basis as prescribed under the recruitment rules governing the services post.
Court said that as per the Corporation stand the petitioners’ engagement was lastly extended with effect from November 2018 to 31st October 2019 and that immediately after issuance of Order of ban on 27th May 2019, petitioners were discontinued and were never allowed to continue in the corporation either on need basis or any other capacity.
The Corporation however in order to meet the deficiency of manpower in its different units decided to hire the manpower through an outsourcing agency. Thus, it is for respondents to see as to whether petitioners come and fall within the realm of any beneficial Rule, or say Rule of 2017.
“…impugned order no.25/JKTDC of 2019 dated 27th May 2019 does not call for any interference and regularization of services petitioners, no case is made out by them for their regularisation under and in terms of Act of 2010. For the reasons discussed above, the instant writ petition is dismissed”, the court concluded.
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