#constitutional employer

Rajasthan High Court holds that an employee serving over 35 years as a casual sweeper is entitled to regularization and consequential benefits, emphasizing substantive justice over procedural technicalities. The ruling mandates consideration of long-term service under Article 14, even where initial appointment was irregular, setting a precedent for similarly situated casual workers.

The Punjab & Haryana High Court has ruled that public employers cannot circumvent constitutional obligations by retaining workers for over a decade under outsourcing arrangements while performing core, perennial duties. This decision mandates regularization with full benefits, closing a loophole used to deny job security, pay scales, and social protections to workers who function as de facto permanent staff.

Punjab and Haryana High Court holds that long-term contractual employees performing perennial duties must be regularized; financial constraints cannot override Articles 14, 16 and 21.