BOMBAY HIGH COURT DENIED REGULARISATION TO SENIOR CITIZEN UNDER EMPLOYMENT GUARANTEE SCHEME, ENHANCED COMPENSATION DUE TO 37 YEARS OF LITIGATION

The Bombay High Court in the case Ashok Bhikanrao Deshmukh v. State of Maharashtra and Ors observed that the workers under the Employment Guarantee Scheme, EGS are not entitled to continued employment or regularisation.

The Court in the case observed and has refused to grant absorption in service to a 60-year-old man who worked for two years under EGS as a Mustering Assistant.

The Division bench comprising of Justice Ravindra V Ghuge and Justice YG Khobragade at Aurangabad in the case observed that the workers working on the EGS are not a part of the process of recruitment and they neither have a right for continued employment, nor can they file ULP complaints under the MRTU and PULP Act, 1971 for claiming regularisation or permanency, thus, nor can they raise an Industrial Dispute on account of being discontinued from the EGS.

The court in the case observed and has dismissed the writ plea moved by the man granting compensation for an amount of Rs. 2 lakhs to the petitioner considering that he had been litigating for 37 years and was now 60 years of age. In the present case, the petitioner, one Ashok Deshmukh, sought absorption under a Government Resolution, GR dated 01.12.1995, for absorption of Mustering Assistants in Government services.