HP High Court stays transfer of Two Outsourced employees, Next hearing on Oct 29

The Himachal Pradesh High Court has issued an interim stay on the transfer of two outsourced employees from Shimla to Nalagarh. The order was passed by Justice Ajay Mohan Goel, who heard the petition challenging the transfers. The employees had been working in Shimla but were transferred to Nalagarh after regular employees were appointed to their positions.

During the hearing, the court observed that outsourced employees are appointed based on demand and cannot be treated like regular government employees. The judge remarked that these employees do not enjoy the same rights as regular employees, particularly regarding transfer policies. The court acknowledged that the transfers were made because regular staff had been hired to replace them.

The outsourced employees, whose appointments were made in February 2022, argued that the transfer was made prematurely. They highlighted the state’s transfer policy, which stipulates that an employee can only be transferred after completing three years at a given post. The petitioners emphasized that their transfer occurred within just two and a half years of their service in Shimla.

Representing the outsourced employees’ company, the advocate argued that these workers cannot be considered akin to regular government employees, and hence, the standard rules of transfer do not apply to them. The court is expected to delve deeper into the legal framework surrounding the employment of outsourced workers in the next hearing, scheduled for October 29.

Meanwhile, the issue of outsourced employees is gaining attention at the administrative level. The Himachal Pradesh Government has called for talks with the Himachal Pradesh State Electricity Board (HPSEB) employees’ union in Shimla. The union is pressing the government to retain outsourced employees by redeploying them to equivalent posts within the board, rather than terminating their services.

The union particularly criticized the retrenchment of 81 drivers in HPSEB just before Diwali, calling it ill-timed and urging the Sukhvinder Singh Sukhu government to reconsider its decision. The union contends that the move to terminate these outsourced workers has created undue stress on employees and their families, especially during the festive season.

The outcome of the government’s discussions with the union and the court’s ruling will likely have significant implications for the future of outsourced employment in the state.