Telangana HC directs BHEL to regularise medical staff, slams ‘unfair labour practices’

The petitioners, who included medical technicians, nurses, and lab assistants, were appointed on a temporary, ad-hoc basis between 2005 and 2012. Despite being fully qualified and recruited through proper channels, such as through employment exchanges, campus selections, internal circulars, and written tests, many had worked for over a decade without the security of permanent employment.

The petitioners’ counsel informed the court that though their initial recruitment was legal and as per rules, the BHEL appointed them for fixed six-month terms, and repeatedly reappointed them after short artificial breaks, keeping them on ad-hoc status for more than a decade.

As per a March 2016 settlement, the petitioners agreed to be provided statutory benefits such as ESI, EPF, Bonus/SIP as per BHEL norms, along with housing accommodation and medical insurance up to Rs 2 lakh.

“However, petitioners are still denied job security and regular pay scales, highlighting an attempt to exploit them by paying lower wages compared to permanent employees,” the judgment noted.

During the proceedings, BHEL argued that the petitioners were aware of the temporary nature of their appointments and now cannot turn around and demand for permanent appointment. “This submission cannot be received. Continuation of Petitioners on ad-hoc basis is contra to the law laid down by the Supreme Court,” the judgment stated. Justice Bheemapaka also highlighted BHEL’s continuous engagement of the staff, emphasising that their services were essential and integral to the company’s operations.

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