The High Court of Jammu Kashmir and Ladakh has ruled that individuals working temporarily for over seven years are entitled to regularization benefits under relevant regulations.
Justice Sanjeev Kumar, addressing a petition from a university employee, granted retrospective regularization as a Security Guard from April 1, 2005, with all associated benefits.
The petitioner, Ghar Singh, argued in his plea that although his services were regularized in 2010, he should have been regularized immediately after completing seven years of service in 2004 as per the applicable regulations.
Justice Kumar agreed, stating that the petitioner, who had been continuously serving as a Security Guard since July 7, 1997, without breaks, cannot be classified as ‘casual labor’.
The court emphasized that prolonged continuous service does not equate to casual labor and that delayed claims for benefits may still be considered.
Despite the petitioner’s retirement, the court deemed retrospective regularization appropriate, as it wouldn’t affect the rights of other employees.
The judgement highlighted the power dynamics between employees and employers, especially in cases involving dominant entities like universities.
The court concluded that the retrospective regularization granted to the petitioner, post-retirement, would not adversely affect the service rights of other university employees, as it wouldn’t require re-fixing seniority.