In a recent judgment, Justice H.S. Thangkhiew, presiding over a single judge bench of the Meghalaya High Court, ruled on a Writ Petition titled Gurdeep Singh & Ors vs UOI & Ors. The case concerned 14 part-time cleaners and sweepers employed by the North Eastern Electric Power Corporation Ltd. The petitioners sought regularization of their services, arguing that they had worked for an extended period and were unfairly denied regular employment.
The petitioners contended that despite their long-term service and the existence of vacant posts, they were not considered for regularization, unlike 26 other employees who were granted regular employment for similar roles. They alleged discrimination by the respondents in this regard.
The respondents, however, argued that the petitioners were hired on a part-time basis and their employment was casual in nature, not tied to any regularized positions. They emphasized that the petitioners were not selected through the standard process for regular employment.
The court noted that the petitioners’ recruitment differed from that of regularly appointed employees, as they were engaged on a part-time basis without undergoing the usual selection process. The court further highlighted that the nature of the petitioners’ employment was clear to them at the time of engagement.
Citing established legal principles, the court stated that once employees accept the terms of their appointment, they are estopped from challenging its nature later on. Given the part-time nature of their employment and its distinction from regular positions, the court dismissed the Writ Petition.
