Madras High Court orders regularization of contract staff who rendered 480 days of service within a span of 2 years

Posted On - 30 April, 2025 • By - King Stubb & Kasiva

In the present case (MANU/TN/092/2025), the Workmen asserted that they were appointed as temporary employees in various positions under the petitioner. In that capacity, as daily wagers, they have served for over 480 days within a two-year period. When they expected their services to be regularized, they were overlooked and were also placed under contractors. The workmen submitted the documents, such as the petty cash book and details of how many days it covers within the two calendar years, which proved the fact of direct wage payments by the petitioner. The counsel for the petitioner submitted that these workmen are contract labourers and are not directly employed by the petitioner. The court observed that most of the workers were employed from 1997 to 2001. The majority remained under direct employment until 2008, after which they began working for contractors. The petitioner does not deny that they are continued in service to this day. However, it is claimed that they were subsequently employed only through contractors and not directly by the petitioner. Considering this, the court ordered conferment of permanent status of workmen who have worked for 480 days, their past service shall be regarded as continuous service for all purposes.