The recent decision by a Division Bench of the Jammu & Kashmir and Ladakh High Court has reignited discussions regarding the rights of Casual Workers (CW) and the responsibilities of the Government. The ruling, which states that Casual Workers have no inherent right to regularisation but should be compensated for their legitimate work, presents a nuanced approach to a complex issue. The case in question involved the engagement of Casual Workers in the Health Department in 2014 and the subsequently extended continuation of services. While the petitioners’ dedication to their duties is commendable, it is essential to recognise that the Government operates within finite resources and must prioritise its expenditures accordingly. Practically 39% of the budget goes for salaries and pensions. This is not an odd case, as thousands of casual workers had been employed by previous regimes. By affirming the judgement of the writ court, the Division Bench reaffirmed the principle that the regularisation of casual workers cannot be demanded as a matter of right. However, the court’s directive to release legitimately earned wages for the period of service rendered by the Casual Workers reflects a commitment to equity and justice. It acknowledges the contributions made by these individuals while respecting the limitations imposed by the Government’s policies and financial constraints.
The ruling serves as a reminder of the importance of upholding labour rights while also recognising the realities of administrative governance. It is difficult to manage the balance between the need for employees for critical services like health and budgetary constraints. Moving forward, policymakers must address systemic issues related to employment practices and labour rights. This includes developing mechanisms for fair and transparent recruitment, providing avenues for career progression, and safeguarding the interests of vulnerable workers, including casual employees. While the decision of the Division Bench may have disappointed the petitioners seeking regularisation, it represents a balanced approach that considers both the rights of workers and the responsibilities of the Government. Upholding justice requires striking a delicate balance between competing interests.
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