3 days ago

CGHS Workers’ Case Challenges Government Outsourcing and Contractor Practices

CGHS Workers’ Case Challenges Government Outsourcing and Contractor Practices
CGHS workers’ case puts spotlight on government’s use of contractors · thehindubusinessline.com

A group of 267 workers has worked at government health facilities since 2006.

They were hired through different contractors, but their jobs and supervisors stayed largely the same.

The workers say CGHS selected, transferred and supervised them directly.

A Labour Court decided that CGHS was really their employer.

It ordered that they be treated like regular government employees and receive related benefits.

The Delhi High Court agreed that they were CGHS employees.

However, it limited their financial benefits to the period after August 23, 2019.

The workers are now asking the Supreme Court to restore benefits from the beginning of their employment.

Key facts

Workers involved
267 CGHS workers
Employment period
Since 2006
Job roles
Data Entry Operators and Operation Managers
Contractor changes
Approximately 12 vendors changed between 2006 and 2014
Labour Court finding
The contracts were a “sham and camouflage,” and an employer-employee relationship existed between CGHS and the workers
High Court ruling
The workers were recognised as CGHS employees and directed to be regularised, but monetary benefits were limited
Disputed benefits date
The High Court division bench limited financial relief to the period beginning August 23, 2019

Quotes

Rajiv Agarwal

Labour lawyer and counsel representing the CGHS workers

“We have seen multiple cases where the government uses a layer of contractors to circumvent labour laws, including the contract law, to keep the employment terms ad-hoc and irregular. It is the principal employer but avoids shouldering any liability. This is one such case where the workers were employed for two decades by the CGHS. The contractors changed multiple times and the principal employer — who was the supervisory and the disciplinary authority and paid salary — was the CGHS. The courts�a”
thehindubusinessline.com

The Labour Court

Court that adjudicated the workers’ employment dispute

“It is evident that most of the claimants/workers, have been working with the management continuously and uninterruptedly since 2006, as Data Entry Operators/and/or Operation Managers, the nature of which is considered to be perennial... It emerges that the management has adopted an unfair labour practice in depriving the workmen herein of the status and benefits of permanent workment and such a practice is required to be curbed”
thehindubusinessline.com

Sources

Related news