Umakanthan53
Labour Law & Hr Consultant

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Whether the casual labour working for more than 2 years .does he has the rights for asking permanent and what are all the benefits he covers. And how to avoid that
From India, Bengaluru
Dear friend,
I am constrained to state that it would not be ethical or legal to suggest the ways and means to deprive a workman of his statutory right to claim permanency in an industrial establishment when he stands not at all disqualified to do so contextually.
Firstly, the direct engagement of a workman as a casual labor in an establishment continuously for a period of two consecutive years implies that the job on which he has been employed is certainly one of perennial nature.
Secondly, such a continuous casual employment would automatically render him earn the" continuous service" so defined u/s 25-B of the Industrial Disputes Act,1947 for every year of service.
Thirdly, as per item number 10 of Part I of Schedule V of the ID Act,1947 employing any no of persons as badli, temporary or casual on rolls continuously so as to deprive them of the status and benefits of permanent workmen is an unfair labor practice as defined u/s 25-T on the part of an employer and punishable u/s 25-U of the Act.
Therefore, if a Trade union takes up the issue on behalf of such long serving casual labor, your management would be in for much trouble.
Better, take steps to regularise such casual labor.

From India, Salem
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