#Temporary Employment

The Rajasthan High Court has ruled that temporary employees who were within the prescribed age limit at the time of their initial appointment are entitled to age relaxation when applying for permanent posts, even if they exceed the upper age limit at the time of interview. This sets a critical precedent for thousands of contractual government workers across Rajasthan, ensuring that prior service tenure is not penalized by rigid age criteria during recruitment.

ITAT Delhi clarifies that cash salary payments below Rs. 10,000 per day per employee do not attract disallowance under Section 40A(3), deleting a Rs. 21.6 crore addition. The ruling benefits businesses employing temporary staff on cash salaries, provided payments remain within the prescribed limit.

Bombay High Court rules that termination of temporary employees does not require adherence to principles of natural justice if no stigma is attached. The Court clarified that temporary employees hold no right to permanency, and termination based on incorrect marks in recruitment is legally valid.

Chhattisgarh High Court rules that terminating a temporary employee on suspicion of misconduct without a fair inquiry violates principles of natural justice, even for contingency-paid staff. The court ordered reinstatement with service benefits, reinforcing that procedural fairness applies regardless of employment status.

Bombay High Court rules that termination of a temporary employee after 15 years of service, based on unproven age ineligibility, constitutes unfair labour practice. The court mandates reinstatement with full back wages, reinforcing protections for long-term temporary workers under the Industrial Disputes Act.

CAT Cuttack rules that long-term casual workers in government institutions are entitled to regularization even if procedural requirements under the DoPT OM are not met, overriding the strict application of the Uma Devi doctrine. The ruling emphasizes substantive justice over technicalities, impacting thousands of similarly placed workers.