Srinagar: High Court of J&K and Ladakh High on Wednesday set aside Central Administrative Tribunal(CAT) Chandigarh’s order whereby it had ordered the regularisation of casuals in Kashmir against the post of Production Assistants in Prasar Bharti Broadcasting Corporation of India.
Setting aside the order pased by the Tribunal on May 10 2019, a division bench of Justice Ali Muhammad Magrey and Mohan Lal observed that the Standing Labour Committee recommendation cannot be a substitute for the Policy in the shape of Rule or law governing such regularisation.
In its order, the Tribunal had termed the decision by the Director General of Doordarshan not to regularise the services casuals as uncalled for.
The Tribunal had ordered the Prasar Bharti Broadcasting Corporation of India to delink the regularization of casuals in Kashmir from the casuals engaged in the rest of the country as they had worked in challenged circumstances.
It had also directed the Corporation to regularize their services in the order of seniority with effect from 2003 against the post of Production Assistant to the extent of available vacancies with all consequential benefits.
In its order, the Tribunal had underlined that relief granted was not one to be acted as a precedent in other matters of regularization of civilian employees in the country saying the instant case which related to Jammu and Kashmir was treated on a different footing from casual employees in the rest of the country.
Aggrieved of the order of the Tribunal, the Prasar Bharti Broadcasting Corporation of India challenged the same on various grounds including the one that the casuals could not be treated to be a different class and delinked from those working in other parts of the country as there is no such provision, policy, rule or scheme that favours such concession.
“That course will open a flood gate for voluminous litigation across the country,” the Corporation contended.
It said the casuals had been engaged on a short term basis to perform certain duties and such engagement was not made against clear vacancies.
In counter, counsel representing the casuals submitted that the order of the Tribunal was essentially and primarily passed while considering the fact that the casuals make a distinct class for having worked in difficult situation. “ In recognition of such service, they deserved the relief granted by the Tribunal,” he said.
The counsel contended that a right had accrued to the casuals for claiming regularization on the basis of the recommendations of the Standing Labour Committee.
The Court however rejected his contentions as “not well founded” saying that the Standing Labour Committee recommendation cannot be a substitute for the Policy in the shape of Rule or law governing such regularisation.
“The regularisation of services could be recognized under a particular Rule/ Policy of the Government and not otherwise. There is absolutely no scope for two opinions over it,” the court said.
The Court however said nothing observed in its judgment shall prevent the Prasar Bharti Broadcasting Corporation of India from considering the case of the casuals in terms of the policy presently in operation and notified in terms of Circular dated 05.09.2019 which provides for a mechanism for their permanent absorption in the department. The eligibility criteria, in such, eventuality, the court said, shall not form an impediment for the authorities to take a view favorable to the casuals.