Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | courts cannot frame rules Regularisation of services casual paid labourers sole prerogative of the Government Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Regularisation of services of the casual paid labourers – Claim for – Respondent Nos.1 & 2-Trade Unions filed writ petition against the appellant-Union of India claiming a relief for regularisation of the casual workers, who were working in a project undertaken by Border Roads Organisation (BRO) for construction of roads – Single Judge of the High Court allowed the writ petition – Division Bench of the High Court affirmed the decision of the Single Judge and issued further a writ of mandamus by directing the appellant to frame a scheme to provide specific facilities to the workers enumerated in the directions – On appeal, held: High Court did not examine the case in the light of the law laid down by the Supreme Court in the case of Union of India v. Vartak Labour Union (2) – High Court failed to see that it was not the function of the courts to frame any scheme but it is sole prerogative of the Government to do it – Appellant has now framed a welfare scheme for all such casual workers – Therefore, impugned order of the High Court set aside. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2019 INSC 381 |
Petitioner | Union Of India & Ors. |
Respondent | All India Trade Union Congress & Ors. |
SCR | [2019] 5 S.C.R. 444 |
Judgement Date | 2019-03-15 |
Case Number | 3146 |
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