Temporary Official Appointed On Daily Rated Or Work Charge Basis To Do Specific Job Cannot Claim Seniority For Such Service Period: Delhi High Court

The Delhi High Court has held that a temporary official who is purely appointed on daily rated or work charge basis for specific period to do a specific job, cannot claim to be a regular employee of an establishment and thus cannot claim seniority for the period of his service rendered on work charge basis.

Justice Gaurang Kanth was dealing with a plea filed by BSES Yamuna Power Limited challenging an award passed by the Presiding Officer of an Industrial Tribunal whereby the services of a workman, namely Ramji Lal, were regularised to the post of Mason Grade-I.

The workman was initially appointed as a worker on work-charge basis. Later, he was engaged as a Mason w.e.f. March 1975. In March 1976, his services were terminated, thereafter, he raised an industrial dispute which passed an giving relief of reinstatement and continuity in service with full back wages.

Pursuant to the Award, the workman was reinstated into the services w.e.f. April 1986. Thereafter, his services were regularised w.e.f. June 1986 on the post of Mazdoor.

The Tribunal vide the Impugned Award directed regularisation of the services of workman on the post of Mason Grade-I w.e.f. March 1977 in proper pay scale and allowances. It further directed the BSES Yamuna Power Limited to pay the arrears of difference of pay.

The question before the Court was that whether BSES Yamuna Power Limited was virtuous at regularising the services of workman at the post of Mazdoor when he was previously working as a daily wager at the post of Mason Grade-I?

The Court took note of the policy of the company stating to the effect that if any worker is working on daily wage or work charge basis is to be regularised after a period of two years at the post of Mazdoor, irrespective of the position at which he was working previously.

"The post of Mason is a different stream with different appointment qualifications altogether, and that is through direct recruitment and not regularisation of services. If any workman is willing to hold the position of Mason, he would have to go through the process of direct recruitment as and when the vacancy arises," the Court said.

Observing that the finding of the Tribunal that the workman under force was under-employed due to his educational qualifications and experience was unfounded, the Court concurred with Tribunal's views that the company had to comply with the principles of natural justice qua appointment to any post or regularisation of the services.

"The policy of the department cannot be given a go-by. No appointment can be made without following the due process," the Court said.

It added "A temporary official who is purely appointed on daily rated/work charge basis for specific period to do a specific job, cannot claim to be a regular employee of an establishment and thus cannot claim seniority for the period of his service rendered on work charge basis."

Observing that the findings of the Tribunal were perverse and did not flow from the correct position of law, the Court set aside the Impugned Award.

Case Title: BSES YAMUNA POWER LIMITED v. THE PRESIDING OFFICER & ANOTHER

Citation: 2022 LiveLaw (Del) 873

Click Here To Read Order