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ESC

In Jaggo & Ors. vs. Union of India & Ors., SC criticized misuse of temporary contracts in public institutions, stating it erodes public trust and undermines justice.

Case Highlights 

  • Context: Four housekeeping staff of Central Water Commission were employed on ad hoc terms for over 20 years before abrupt termination in 2018. 
  • Ruling: SC quashed their termination, ordered reinstatement, and directed their regularization.

Issues Highlighted by the SC

  • Rise in Systemic Exploitation of workers In Gig Economy: The private sector's gig economy growth has increased precarious work arrangements, leaving workers without essential benefits, job security, and fair treatment.
  • Outsourcing in Public Sector: Public institutions are avoiding regular employment obligations by repeatedly outsourcing temporary positions, creating a cycle of worker exploitation.
  • Rule Violations and Moral Impact: Long-term use of temporary workers for essential roles violates international labor standards, risking legal challenges for organization and undermining employee morale. 

Other cases related to Employment in Public Sector 

  • State of Karnataka vs. Uma Devi: Long-term irregular employees performing essential duties should be considered for regularization. 
  • Vinod Kumar and Ors. Etc. Vs. Union of India & Ors: Procedural technicalities cannot prevent regularization when "temporary" workers have performed regular employee duties for extended periods.

About GIG Economy in India 

  • Gig workforce is expected to expand from 7.7 million in 2020-21 to 23.5 million by 2029-30 (NITI Aayog report). 
  • Code on Social Security, 2020: Defines Gig worker and provides for extension of social security benefits to gig workers as well. 
  • Occupational Safety, Health and Working Conditions Code, 2020: To promote safe and healthy work environment and it also regulates contract labour.

 

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