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IGNOU Regional Centres in J&K are permanent establishments, High Court directs consideration of daily wager regularisation

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Published
Case
IGNOU Regional Centres In J&K Are Permanent Establishments With Cadre Posts: High Court Directs Consideration Of Regularisation Of Daily Wagers
Source
LiveLaw
Bottom Line Up Front (BLUF)

The High Court of Jammu & Kashmir and Ladakh held that IGNOU Regional Centres in J&K are permanent establishments with cadre posts. The Court directed the authorities to consider the regularisation of daily wagers working in these centres, applying principles of equal pay for equal work and regularisation.

Ratio Decidendi · Legal Principle Established

IGNOU Regional Centres in J&K are permanent establishments with cadre posts, and daily wagers working in such establishments are entitled to consideration for regularisation, adhering to the principle of equal pay for equal work.

Practice & Procedural Impact for Advocates

Advocates representing daily wagers in similar government or quasi-government institutions can argue for regularisation based on the permanent nature of the establishment and the existence of cadre posts. Litigants seeking regularisation should gather evidence demonstrating the permanent nature of their employer's operations and their continuous service.

Key Legal Takeaways

  • 1IGNOU Regional Centres in J&K are deemed permanent establishments.
  • 2Daily wagers in permanent establishments with cadre posts are eligible for regularisation consideration.
  • 3The principle of equal pay for equal work applies to daily wagers performing duties similar to regular employees.

The Legal Issue The core legal issue before the High Court of Jammu & Kashmir and Ladakh was whether the Regional Centres of Indira Gandhi National Open University (IGNOU) in Jammu & Kashmir could be considered permanent establishments with cadre posts, and consequently, whether daily wagers working in these centres were entitled to consideration for regularisation of their services.

Court's Reasoning The High Court observed that the IGNOU Regional Centres in J&K have been functioning for a considerable period and perform essential, continuous functions, indicating their permanent nature. The Court noted the existence of cadre posts within these centres, which further supported the contention that they are not temporary setups. The Court emphasized the principle of equal pay for equal work, stating that daily wagers performing duties similar to regular employees should be compensated fairly and considered for regularisation, especially when working in a permanent establishment. The Court found that denying regularisation to such workers, despite the permanent nature of the work and the establishment, would be arbitrary and violative of their rights.

What Follows The High Court directed the IGNOU authorities to consider the cases of the daily wagers for regularisation of their services. The authorities are mandated to apply the principles of equal pay for equal work and regularisation, taking into account the permanent nature of the Regional Centres and the existence of cadre posts. This decision requires IGNOU to review its employment practices concerning daily wagers in its J&K Regional Centres.

Read the LiveLaw report