NDLI: Bhupendra Kumar Chimanbhai Kachiya Patel Vs. Divisional Controller Gsrtc Nadiad

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Industrial Disputes Act 1947
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Industrial Disputes Act, 1947 (14 of 1947)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Industrial Disputes Act, 1947 – s.18 and Explanation to s.25C– Appellants-employees joined the services of respondent-State RoadTransport Corporation as “Badali Kamdars” – Settlement betweenUnion of the workers and Corporation to resolve several issues inrelation to service conditions of the employees – cl.20 of theSettlement, dealt with the placement and absorption of the “BadaliKamdars” in the permanent cadre of conductor and grant of timescale to such workers –Hundreds of “Badali Kamdars” who werefound eligible and fulfilled the conditions in terms of cl.20 of thesettlement were absorbed in the services as permanent employeeson the post of conductor and were accordingly given the time scaleon the expiry of completion of 180 days in the cadre – Disputebetween these employees and the Corporation as to from whichdate the benefit to make them permanent and the benefit of timescale should be granted to such “Badali Kamdars” – IndustrialTribunal answered the reference in favour of the employees – HighCourt set aside the award of Industrial Tribunal –Held: Settlementonce arrived at between the employer and the employees as providedin s.18 is binding on the employer and the employees – It is not indispute that the Corporation and the Union of workers entered intothe settlement – Corporation followed the procedure provided incl.20 while granting the employees their permanent cadre and thetime scale of conductor– There is no basis for the appellants toclaim the aforesaid benefit on their completing 180 days of theservice from the date of their initial appointment as “BadaliKamdars” as against on the expiry of 180 days from the date whenthey were absorbed in the permanent cadre – Appellants neitherchallenged the settlement nor its applicability – Settlement is bindingon both parties in terms of s.18.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2018 INSC 218
Petitioner	Bhupendra Kumar Chimanbhai Kachiya Patel
Respondent	Divisional Controller Gsrtc Nadiad
SCR	[2018] 3 S.C.R. 567
Judgement Date	2018-03-07
Case Number	2546

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