Ghanshyam Dubey vs Presiding Officer Labour Court And Anr. on 1 March, 2019
12. The Supreme Court in Indian Drugs & Pharmaceuticals Ltd. Vs. Workmen, Indian Drugs & Pharmaceuticals Ltd. (supra) held that a term 'temporary employee' refers to a general category comprising several sub-categories of employees namely, casual employees, daily wage employees and ad-hoc employees, etc. Further, a daily wage or casual worker being a temporary employee had no right to any post or to be continued in service. Engagement of such an employee did not amount to appointment to a post in the real sense of the term. That was stated to be the distinction between the temporary employee and the permanent employee. Also, it was stated, while a permanent employee had a right to a post, a temporary employee had no such right. Also, it was noted, while a permanent employee would have a right to continue in service till attaining the age of superannuation (unless dismissed or removed in the meanwhile), a temporary employee did not have an age of superannuation as he did not have any right to a post at all. On such reasoning, it was concluded, no direction may be passed in the case of a temporary employee whereby he may claim continuance till attaining the age of superannuation.