Temporary Employees Cannot Be Arbitrarily Replaced While Work Exists: Punjab & Haryana High Court

Maternity Leave Cannot Be Cut Short to Terminate Employment - In a significant ruling, the Punjab & Haryana High Court rejected the plea for regularization of temporary employees working in the Punjab Judiciary but held that they must be allowed to continue working until their posts exist and cannot be arbitrarily replaced by another set of temporary employees.

Justice Harsimran Singh Sethi, while deciding Civil Writ Petition No. 9174 of 2018 (O&M) along with connected cases, ruled that "temporary employees may not have a right to regularization, but they cannot be dismissed or replaced arbitrarily as long as the work of their post continues."

Temporary Employees Allowed to Continue Until Work Exists
The petitioners, engaged as temporary staff across various judicial districts in Punjab, sought regularization of their services, arguing that their work had continued uninterrupted for years. The State, however, opposed the plea, citing a previous High Court ruling in Bikramjit Singh v. State of Punjab (2019), which had denied regularization of temporary staff.

The court, while rejecting their claim for regularization, directed that: Temporary employees must be allowed to continue working as long as the work of their post exists, provided their performance is satisfactory.
They cannot be replaced by another set of temporary employees on similar terms, but regular employees can be appointed to these posts as per the law.
Justice Sethi emphasized that "employment on a temporary basis does not confer the right to regularization, but fairness demands that such employees are not arbitrarily replaced while the work remains."

Termination of Employee on Maternity Leave Declared Illegal
One of the petitioners, Balvir Kaur, was terminated while she was on maternity leave. The court found this action to be unlawful and violative of employment rights, stating: "An employee on sanctioned maternity leave cannot be dismissed before the completion of such leave. The termination order should have been effective only after the employee completed her maternity leave."

The court directed the State to reinstate Balvir Kaur and pay her full salary for the period of her maternity leave. The arrears of her salary were ordered to be cleared within eight weeks.

The High Court refused to interfere with the State’s decision not to regularize temporary employees, holding that the issue had already been settled in Bikramjit Singh’s case (2019). However, it protected the employment of those currently working and provided relief to Balvir Kaur for wrongful curtailment of maternity leave.

Disposing of the petitions, the court ruled: "While regularization cannot be granted, fairness in employment must be upheld. Temporary employees who are still working should not be arbitrarily replaced, and the wrongful denial of maternity benefits must be rectified."
 

Date of Decision: 22 January 2025