In a landmark judgment that blends constitutional principles with ancient Indian philosophy, the Punjab and Haryana High Court has directed the state government to regularise a group of long-serving daily wage workers. The court invoked the concepts of Rajdharma and teachings from the Bhagavad Gita to underscore the state's fundamental duty towards its employees.
Court Invokes Civilisational Ethos for Justice
Justice Sandeep Moudgil, presiding over a batch of petitions, delivered a ruling that went beyond mere legal interpretation. The court emphasised that a moral framework intrinsic to Indian constitutionalism aligns with the civilisational idea of Rajdharma. This principle dictates that the ruler's foremost duty is protection and fairness to those who sustain the state's functioning.
The order elaborated that ancient texts repeatedly place upon the sovereign an obligation to act with nyaya (justice) and anrishamsya (non-cruelty). It specifically referenced the Bhagavad Gita's concept of lokasangraha (welfare of the world), reminding public authorities that action must serve social stability and the common good, not merely administrative convenience.
Three Decades of Service Recognised
The petitioners were daily wage workers employed as water pump and tube-well operators in a state department since 1996. They had sought the regularisation of their employment after nearly three decades of service. The court noted their long, continuous service and found their work and conduct to be satisfactory throughout this period.
Justice Moudgil pointed out that despite the existence of multiple regularisation policies and the regularisation of similarly placed employees, the claims of these workers were neither meaningfully considered nor decided upon formal representation. The court held that in a constitutional democracy, the state acts as a trustee of public power, not a private employer free to hire and fire at will.
State as a Model Employer: Delay Plea Dismissed
The state had argued that the petition suffered from delay and laches, as the workers approached the court after more than ten years. The High Court dismissed this contention as "misconceived." It stated that the state is expected to act as a model employer and a "parent" towards its employees, especially those from illiterate backgrounds and the lowest strata of society.
The order read, "The State is expected to act promptly and not allow its officials to remain in a state of inaction, thereby compelling employees to approach the Court for enforcement of their legal rights." The court refused to let procedural delays defeat the substantive and accrued rights of the petitioners.
Legal Arguments and the Final Directive
Senior Advocate Ravinder Malik, representing the workers, argued that his clients had performed duties of a perennial nature, essential to the department's functioning, and thus their engagement could not be deemed casual or temporary indefinitely. The state's representative, Additional Advocate General Deepak Balyan, countered that the engagement was intermittent and against no specific post.
The court, however, sided with the petitioners. It directed the concerned department to regularise the workers according to the policy in force when they first became eligible. It clarified that while public employment must conform to Articles 14 and 16 of the Constitution, and illegal appointments cannot be legitimised, the present case involved legitimate claims accrued over decades of uninterrupted service.
The judgment concluded by stating that the Bhagavad Gita acts as an "interpretive lamp," illuminating why a welfare state cannot, in good conscience or law, keep citizens in endless precarity while continuously benefiting from their labour. The ruling is set to govern all connected matters with similar facts.
