Context: The Supreme Court, in a recent judgment, addressed the issue of precarious employment arrangements, especially in the public sector, and the need for fair treatment of workers.
Relevance : GS 2 (Governance, Social Security )
- Gig Economy Concerns: The Court criticized the rise of the gig economy in the private sector, which often leads to exploitative employment with a lack of job security, benefits, and fair treatment.
- Government’s Role: As a large employer, the government must avoid adopting similar exploitative practices and ensure fair treatment of workers.
- Case of Temporary Staff: The case involved cleaning and gardening staff at the Central Water Commission, whose termination was challenged. The Court ruled that their continuous service and essential duties warranted regularization, despite them being classified as part-time workers.
- Judicial Ruling: The Court emphasized the importance of considering long-term service and job requirements over formal designations like “temporary” or “part-time” when deciding on regularization.
- International Labour Standards: The Court highlighted India’s role in the International Labour Organization (ILO) and reinforced the need for stable, fair employment practices.
Supplementary Data:
Gig Economy in India:
- Size & Growth: By 2024, India’s gig workforce is estimated to reach 23.5 million, growing at 17% annually.
- Job Security: Only 1 in 4 gig workers report receiving adequate job security or benefits.
Judicial Precedents:
- Olga Tellis vs Bombay Municipal Corporation (1985): Recognized the “right to livelihood” under Article 21 of the Constitution.
- State of Karnataka vs Uma Devi (2006): Established principles for regularization of workers employed irregularly in government roles.
ILO Conventions:
- C122: Employment Policy Convention emphasizes full, productive, and freely chosen employment.
- C131: Minimum Wage Fixing Convention ensures fair wages in both private and public sectors
