Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Industrial Disputes Act 1947 s.2(j)-Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act 1971-"Industry''-Scheme undertaken by Forest Department for creation of park under bio-aesthetic development for benefit of urban population, or social forestry work, whether sovereign function of state-Whether Forest Department can be "industry''-Held, dichotomy or sovereign and non-sovereign function does not exist-It would depend on nature of power and manner of its exercise-Scheme, held, is not part of inalienable or inescapable function of state-Such work could be undertaken by an agency other than an instrumentality of state-Except the strictly understood sovereign function, welfare activities of the state would come within the definition of industry-Sovereign functions-Employment Guarantee Schemes. Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act 1971-Schedule IV, item 6-Unfair labour practice-Workmen employed as casual workers for years-Unfair labour practice whether established-Whether burden on workmen to establish that object of continuing them for years as casual workers was to deprive them of status and privileges of permanent employees-Held, object of State Act, inter alia, being prevention of unfair labour practices, it would be thwarted if burden placed on workman which he cannot reasonably discharge-Inference may be drawn on the basis of facts of case-Further, as in the present case, permanency writ large, and yet persons are kept in jobs on casual basis for years-State government, held, had indulged in unfair labour practice-Minimum Wages Act 1948. Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act 1971-Schedule IV, item 6-Unfair labour practice-Regularisation of workmen employed by Forest Department whether to be interfered with-Held, concerned workmen having been employed under schemes to advance objects having permanent basis, relief of regularisation not to be interfered with-Further, right to be paid wages meat for permanent workers automatically flows from regularisation-Financial strain of state to reason to deny permanency to workmen-Relief of regularisation, however, not ipso facto available to all casual employees either of Forest Department or any other department of State-Claim of casual employees for permanency to be decided on merits of each case-Regularisation-Maharashtra Employment Guarantee Act 1977, S.13-lndustrial Disputes Act 1947. Workmen employed in the Panchgaon Parwati Scheme near Pune, and in social forestry work in Ahmednagar District, moved the Industrial Tribunal alleging unfair labour practices being practised by the Forest Department or the State government. The Panchgaon Parwati Scheme, based on a policy taken in April 1976, was to be initially for a period of five years and an area or about 245 hectares. The scheme was for the creation or a park under bio-aesthetic development for the benefit of the urban population and "to fulfil bio-aesthetic, recreational and educational aspirations of the people..." The Forest Division was also doing afforestation for soil/moisture conservation under various State level schemes as well as Employment Guarantee Schemes for a period of five years. The Industrial Tribunal found that the workmen had admittedly been in the employment of the State for 5-6 years and in each year had worked for a period ranging from 100 to 330 days. The questions for determination by this court were whether the Forest Department of the State government is an 'industry' within the meaning of Section 2(j) of the Industrial Disputes Act 1947, which definition had been adopted by the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act 1971 (State Act); and whether the relief of regularisation given by the Industrial Court needed interference. The State contended that the function discharged by the Forest Department under the schemes in question was sovereign in nature; that to be found to be an unfair labour practice, it was not sufficient that the workmen had been employed as casuals for years, but that the workmen were further required to establish that the object of continuing them for years was to deprive them of the status and privileges of permanent employees; that the relief of regularisation was not justified as some of the workmen had been employed under the State Act; and that the drain on the State exchequer if all workers like the respondent-workmen were to be paid as permanent employees would be enormous, making it difficult for the State to engage in other welfare activities. It was further argued that the decision of the seven Judge bench of this Court in Bangalore Water Supply and Sewerage Board v. R. Rajappa, (1978) 3 SCR 207 needed reconsideration. It was contended for the workmen that those functions alone which are inalienable can be called sovereign, and that the burden of establishing the object of an employer in employing workmen as casual workmen for years is within the subjective satisfaction of the employer and should not be fastened on the workmen. Dismissing the appeals |
Judge | Hon'ble Mr. Justice B.L. Hansaria |
Neutral Citation | 1995 INSC 847 |
Petitioner | Chief Conservator Of Forests |
Respondent | Jagannath Maruti Kondhare |
SCR | [1995] Supp. (6) S.C.R. 259 |
Judgement Date | 1995-12-06 |
Case Number | 4375 |
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