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Casual Labourer Can’t Seek Regularisation : J&K High Court

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Srinagar, Nov 07: A Division Bench of J.Ali Mohd Magray and J.Rajnesh Oswal ruled that the casual labourer cannot seek regularization as no vested right accrues in his favour for such claim, but if the employer comes up with any scheme for the benefit of such employees governing their engagement, the service of the casual labourers have to be, in such eventuality, dealt with under the provisions of such scheme and the benefit, if any, getting accrued as such to them cannot be arbitrarily denied to them.

The Division Bench of Justice Ali Mohammad Magrey and Justice Rajnesh Oswal set aside the decision of writ court where in authorities were directed to consider the claim of a casual labourers for regularization. Court, however, directed the authorities to consider their claim on the touchstone of provisions of SRO 520 of 2017.

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