Daily wager can be regularised only if posts available: Delhi HC

New Delhi, Jul 14 (PTI) The Delhi High Court has refused to interfere with an industrial tribunal's order declining a worker's plea for regularisation as an assistant salesman in a government-backed organisation, holding that a daily wager can only be absorbed if sanctioned posts are available. Justice Amit Mahajan dismissed the petition by the 'muster roll employee' of Telangana State Handloom Weavers Housing Society Co-Op. Ltd challenging the tribunal's 2024 award against him. The petitioner, who joined in 1985, sought regularisation as assistant salesman on the grounds that he was not working as a daily wages worker but performing duties similar to the post of an assistant salesman. Represented by lawyer Raavi Birbal, the management opposed the petition, stating there were no vacant posts of assistant salesman and the petitioner's nature of work was substantially different. In the judgement passed on July 8, Justice Mahajan upheld the tribunal's decision and said, "Pertinently, a daily wager can only be absorbed if there is availability of duly sanctioned posts." The court observed that there were no available sanctioned posts for assistant salesmen and even otherwise, the petitioner was only working as a "helper". The petitioner's routine work involved 'safai', cleaning the counter, and running errands to the bank and post office, while an assistant salesman had responsibility for the entire operation, including accounts, it noted. The petitioner had joined the Telangana State Handloom Weavers Housing Society Co-operative Ltd. as a daily wager in 1985 and was terminated from service in 1987. After a labour court reinstated him in 1995, the petitioner prayed for his regularisation as assistant salesman from the date of his initial appointment. PTI ADS ZMN