Shimla, Dec 20,
The Himachal Pradesh Legislative Assembly passed the Employees Recruitment and Condition of Service Act, 2024, on Friday amid strong protests from opposition BJP members. The legislation, aimed at distinguishing between regular and contract employees, was introduced in the morning session and passed by the afternoon through a voice vote.
Chief Minister Sukhvinder Singh Sukhu, presenting the bill, emphasized the necessity of regulating the service conditions of contract appointees separately from those of regular employees. According to the CM, including contract appointments in the recruitment and promotion rules had led to the wrongful classification of such positions as public service roles. He argued that treating contract employees on par with regular employees would impose a significant financial burden on the state exchequer and disrupt the seniority of regular employees.
Also read:CPI(M) slams Himachal Govt over Recruitment bill, Guest lecturer policy
“The state cannot afford to unsettle a settled structure of seniority and promotions for the past 21 years by treating contract employees as regular employees. This bill is essential to harmonize the interests of both groups,” Sukhu stated.
The bill retroactively applies to appointments made since December 12, 2003, and specifies that contract employees will not be entitled to service benefits such as seniority, promotions, and increments until their regularization. It also repeals any prior rules, notifications, or orders that contradict the provisions of the new legislation.
Opposition Raises Concerns
BJP legislators vociferously opposed the bill, accusing the government of being anti-employee. Leader of Opposition Trilok Jamwal warned that the retrospective application of the act would open a Pandora’s box of litigation, as many employees who were regularized or promoted following court orders since 2003 would now see their benefits withdrawn.
“Employees have already gained regular positions and promotions through legal battles. With this bill, the state government is inviting fresh litigation, and employees will approach the Supreme Court to challenge this act,” Jamwal remarked.
BJP MLA Jeet Ram Katwal also criticized Sections 6 and 8 of the bill, calling its retrospective provisions “unjust and legally untenable.” He cited prior court judgments, including the Deputy Engineer vs. State of Maharashtra case, suggesting that such retrospective amendments could be struck down by the judiciary.
Randhir Sharma, another BJP member, labeled the legislation discriminatory, pointing out that contract employees often qualify through the same competitive processes as regular employees. He accused the government of unfairly depriving contract workers of their rights.
Also read:Bill tabled to address Govt service Recruitment and Service Conditions in Himachal assembly
Defending the Bill
Responding to the opposition, Chief Minister Sukhu argued that without this legislation, the government would face dire administrative and financial consequences. He claimed that granting parity to contract employees would necessitate revising seniority lists, leading to widespread demotions of regular employees and creating internal conflicts.
The Chief Minister also highlighted that the government could not sustain the financial burden of extending full benefits retrospectively to contract employees.
Despite opposition protests and concerns, the bill was passed in the afternoon session through a voice vote, signaling a contentious conclusion to the day’s proceedings in the assembly.
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