In a big decision, the High Court stated that working as a temp for over seven years deserves a permanent position, following the set work rules (SRO). Judge Sanjeev Kumar made this decision after Ghar Singh, a university worker, asked for his job to be made permanent.
Singh's situation showed that despite getting a permanent job in 2010, he should have got it in 2004 after seven years of work, as per SRO 64 of 1994. Judge Kumar's ruling agreed that Singh should be made permanent as a Security Guard from April 1, 2005, along with all the pay and perks from that time until his formal job confirmation in 2010.
The court stressed that someone hired on a temp basis but working non-stop for over seven years should not be labeled as 'casual labor' and denied a permanent job as per SRO 64 of 1994. The ruling made a clear difference between 'casual labor' and a 'daily rated worker,' with the latter working continuously and getting paid daily.
Talking about the late petition from Singh, Judge Kumar accepted that the case was unusual but said the delay would not stop the court from helping. The court also said that making Singh's job permanent, now that he's retired, would not harm other university workers' rights, as it doesn't need to change their seniority.
The ruling also looked at the power balance between employers and low-wage workers, recognizing the problems these workers go through in negotiating their job terms. It highlighted the big difference in power when a minor daily worker goes against a big group like a university.
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