Supreme Court Grants Preferential Employment to Contract Workers at Delhi Hospital

The Supreme Court of India, in the case of Subhash & Others vs. Guru Teg Bahadur Hospital, Govt. of NCT Delhi & Others, ruled in favor of contract workers seeking regularization at a government hospital. While the Court did not order immediate regularization, it directed the hospital to give preference to the petitioners when filling future Class-IV vacancies.

The ruling highlights the legal complexities surrounding contract employment and the rights of workers to seek permanent positions in government institutions.

Background of the Case

The appellants were working as Class-IV employees (such as sanitation staff and support workers) at Guru Teg Bahadur Hospital, Delhi. They claimed they were directly employed by the hospital but were being paid through a contractor to avoid regularization.

The hospital denied direct employment, arguing that the workers were hired by a third-party contractor and were never part of the hospital’s permanent workforce. The appellants approached the Supreme Court after failing to secure regularization through lower courts.

Petitioner’s (Subhash & Others) Arguments

The appellants had been working in the hospital in two separate employment spells.
They were engaged in essential hospital work, making them eligible for regularization.
The hospital used contractual employment as a loophole to avoid providing job security.
They demanded absorption as permanent employees under government service rules.

Respondent’s (Guru Teg Bahadur Hospital) Arguments

The appellants were never directly employed by the hospital.
They were paid by an external contractor who managed workforce supply.
The hospital had no legal obligation to regularize contractual workers.
The petitioners could not be absorbed without an official employment record.

Supreme Court’s Ruling

The Supreme Court, in a judgment delivered by Justices Kurian Joseph and Rohinton Fali Nariman, balanced the rights of the workers with the hospital’s employment policy.

1. No Direct Regularization Ordered

The Court acknowledged the appellants’ long-term association with the hospital but refused to order their direct absorption as permanent employees.

“We do not think that this Court should address various contentions advanced before this Court.”

2. Preferential Employment in Future Vacancies

To provide relief, the Court directed the hospital to give the appellants preference when hiring for future Class-IV positions.

“In future, if any Class-IV vacancy under the respondent-Hospital is filled up, preference shall be given to the appellants according to their inter-se seniority.”

3. Age Bar Waived

Since many of the workers had been employed for years, the Court removed the age restriction for their potential permanent hiring.

“Needless to say that the objection on age bar shall be ignored.”

Final Verdict

The Supreme Court issued the following directives:

The appeal was disposed of without ordering immediate regularization.
The hospital must provide preferential hiring for the petitioners in future vacancies.
Age restrictions for hiring shall not apply to the petitioners.
No costs were imposed on either party.

Conclusion

This judgment reflects a balanced approach to contract employment disputes, providing relief to workers while upholding employment policies.

Key Takeaways:

Courts may not always order direct regularization but can provide alternative relief.
Preference in future hiring can be a fair remedy for long-term contract workers.
Government institutions must ensure fairness in hiring and avoid exploitation of contractual workers.
Age waivers in hiring can help workers who have served under contract for extended periods.

This ruling serves as a crucial precedent in labor law, ensuring contract workers receive fair treatment in government institutions.

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Download Judgment: Subhash & Others vs Guru Teg Bahadur Hos Supreme Court of India Judgment Dated 19-02-2016-1741852859142.pdf

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