Breaking News
1. Poland & France Poke Putin; Allow Ukraine To Use Their Weapons To Attack Russia      2. Cutting-edge tech to the rescue of year-old boy at SGPGIMS      3. LG letter on heatwave meant to defame, not help Delhi govt: Minister Saurabh Bharadwaj      4. Vijay Varma reacts to Gajendra Chauhan's recent statement on Payal Kapadia      5. The Panda Party is back on as giant pandas will return to Washington's National Zoo by year's end      6. Kailash Satyarthi - “We need to globalise compassion”      7. Coaches Of Goods Train Derail At Palghar, Affect Rail Schedule      8. VP Jagdeep Dhankhar Pays Tribute To Former PM Chaudhary Charan Singh On His Death Anniversary      9. Bus Overturns On Delhi-Mumbai Expressway Near Dausa      10. Fire Breaks Out At Parking Lot In Delhi, Several Cars Gutted      11. 21 Killed In Fresh Israeli Strike On Displacement Camp In West Rafah      12. Flesh Found In Septic Tank Of Flat Where Bangladesh MP Was Likely Killed      13. Dhruv Rathee's cryptic post day after Swati Maliwal blames 'popular YouTuber'      14. Pak "Violated" Lahore Agreement Signed With India In 1999: Nawaz Sharif      15. Pune Porsche accident: Maharashtra Congress demands CBI probe, Devendra Fadnavis' resignation      16. PM Modi to hold rally in Jharkhand and Kolkata; Rahul, Akhilesh in Varanasi today      17. Israeli PM Netanyahu acknowledges ‘tragic mistake’ after Rafah camp strike      18. IndiGo Flight Gets Bomb Threat At Delhi, Fliers Exit Through Emergency Door      19. Pune Porsche crash: Govt forms three-member panel after arrest of two doctors of Sassoon Hospital      20. Woman who accused Yediyurappa of sexually assaulting her daughter dies: Police     

Kerala HC Contractual Workers Cannot be Dismissed without Following Proper Process

  • Posted on January 10, 2023
  • News
  • By Akta Yadav
Kerala HC Contractual Workers:-
Rise of Contractual Workers Contractual Workers are those who are employed by Companies for short spans as defined in the contracts on the basis of which they join the Company. Section 2(g) of the Wages Code, 2019 defines “Contract Labour” as a “worker who shall be deemed to be employed in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor with or without the knowledge of the principal employer and includes inter-state migrant worker but does not include a worker other than a part- time employee”. Kerala HC: Contractual Workers Kerala HC: Contractual Workers The prevalence of contractual workers is so high that between 2017- 2018, contractual workers were found to increase by 36%, hence laws protecting such contractual workers are very necessary since they form a large part of the labor force.   The Ruling by the Kerala HC Justice Anu Sivaraman in the matter of Tintu K & Anr. v Union of India & Ors., before the Kerala HC, ruled that the employer cannot remove a contractual worker any time depending upon his wish. He must provide a prior notice to the contractual worker beforehand and a chance to explain himself. In the present case, the two contractual workers were hired after an elaborate and fair process of selection. The argument put up by the defendant employer that they were contractual employers and they did not have the absolute right to continue employment was not considered a valid one because even contractual workers are a substantive part of the workforce and their rights must be protected. Furthermore, contractual workers are often promoted to permanent positions after they finish their period of contract, therefore, their work is also substantive and must be considered with importance. Kerala HC: Contractual Workers Kerala HC Contractual Workers-Kerala HC Contractual Workers-Kerala HC Contractual Workers Conclusion: Effect of the Ruling by the Kerala HC This judgment by the Kerala HC has proactively voiced its support towards contractual workers who are often exploited at the hands of employers. In a labor relationship of employment, the employer and employee are always at a power imbalance and this imbalance is mitigated by correct legal measures such as the one taken by the Kerala HC.
No Image
Akta Yadav

You May Also Like