Job regularisation bill shields itself from any judicial review
Punjab government has kept the controversial employees’ regularisation bill that Vidhan Sabha passed on Monday out of the ambit of any judicial review, a move that is set to raise hackles.punjab Updated: Dec 20, 2016 13:11 IST
Punjab government has kept the controversial employees’ regularisation bill that Vidhan Sabha passed on Monday out of the ambit of any judicial review, a move that is set to raise hackles.
Passed without discussion or amendment, the Punjab Ad-hoc, Contractual, Daily Wage, Temporary, Work Charged and Outsourced Employees’ Welfare Bill-2016 that parliamentary affairs minister Madal Mohan Mittal moved and described as “historic” says “civil court” will have “no jurisdiction”.
“No court or tribunal shall have jurisdiction to entertain any suit or proceedings in respect of any claim for absorption or continuation arising from the provisions of this Act,” the bill states.
Also, insulating officers from any judicial scrutiny for having taken any decision under this law once implemented, the bill says: “No suit, prosecution or other legal proceedings shall lie against the officers of the state government or its entities for anything done in good faith under this Act.”
The bill provides for regularisation of services of Group A, B,C and D employees working on ad hoc, contractual, daily wages, temporary and work charged basis under the state government or its entities.
Also, the government will take under its wings “on contract basis” the employees hired on outsourced basis.
“Notwithstanding anything contrary contained in any law, judgment, decree or order of any court, tribunal or any other authority,” the services of the employees in question will regularised if they had completed at least three-year continuous service the day this law will come into force.
However, the bill also says: “The entities of the state shall consider regularisation only if such entity is in a financial position to take the financial burden on its own without transferring any liability to the state exchequer.”
The regularised employees will be paid “salary at the minimum of the pay band” applicable in each category or actual salary at the time of regularisation, whichever is more.
As per this bill, the annual financial burden of this single stroke will be Rs 583 crore; and Rs 1,749 crore in first three years after the employees are regularised.
But after three years when these employees will be given regular pay scale, the annual financial liability in the first year will be Rs 2,438 crore. And taking an annual salary growth at 10%, the annual financial implications at the end of five years after regularising these employees will be Rs 3,600 crore, according to financial memorandum of the bill.
OTHER BILLS cleared
1 The Punjab Water Supply and Sewerage Board (Amendment) Bill-2016 (to appoint chairman and senior vice chairman)
2 The CT University BIll
3 The Punjab Regulation of Fee of Unaided Educational Institutions Bill-2016
4 The Punjab School Education Board (Amendment) Bill-2016 (for the appointment of its chairman from the IAS or PCS officers)
5 The Punjab Bhagwan Valmiki Ji Tirath Sthal (Ram Tirath) Shrine Board Bill
6 The Punjab State Commission for Women (Second Amendment Bill) 2016
7 The Punjab Allotment of State Government Land Bill-2016
8 The Punjab State Commission for Minorities (Third Amendment) Bill-2016
Punjab Vidhan Sabha observed two-minute silence as mark of respect to the prominent personalities who had died in the recent past.
Speaker Charanjit Singh Atwal led the House in paying tributes to former Tamil Nadu chief minister J Jayalalithaa; ex-ministers Avtar Singh Brar and Devinder Singh Bajwa; freedom fighters Hakam Singh, Gurdyal Singh, Pritam Singh, Harchand Singh, Kulwant Singh, Tara Singh, Teja Singh and Chanan Singh. The House also remembered martyr Hawildar Sukhraj Singh, who was killed in a terror attack at Nagrota.