| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Labour Laws Management of a Government undertaking Illegal practices |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case(s) Referred | Referred Case 0 Referred Case 1 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Labour Laws – Appointment – Illegal practices – Management of a Government undertaking terminated 38 workmen on the ground that they, in connivance with a Personnel Manager and a Dealing Assistant, dishonestly secured appointments – Industrial Tribunal concluded that the Management failed to substantiate the charge of manipulated appointment – Concerned workmen were directed to be reinstated with 50% back wages – Single Bench of High Court allowed writ petition in favour of the Management – LPA – Division Bench however decided in favour of the workmen – On appeal, held: The appointees did not figure in either of the lists, sponsored by the jurisdictional Employment Exchange and were beneficiaries of a fraudulent process – Moreover, the contradictory stand of the workmen at different stages would suggest that they were conscious and aware of being appointed through a non-bonafide process – In any case, the appointments were contrary to the requirements of the 1959 Act – Fraudulent practice to gain public employment cannot be countenanced to be permitted by a Court of law – The sanctity of public employment, as a measure of social welfare and a significant source of social mobility, must be protected against such fraudulent process which manipulates and corrupts the selection process – The Courts as sentinel of justice must strive to ensure that employment programmes are not manipulated by deceitful middlemen, thereby setting up a parallel mechanism of Faustian Bargain – One cannot condone false projections so as to circumvent the statutorily prescribed procedure for appointments – Such illegal practices must be interdicted by the Courts – Employment Exchange (Compulsory Notification of Vacancies) Act, 1959. |
| Judge | Hon'ble Mr. Justice Hrishikesh Roy |
| Neutral Citation | 2021 INSC 452 |
| Petitioner | Employers In Relation To The Management Of Bhalgora Area (now Kustore Area) Of M/s Bharat Coking Coal Ltd. |
| Respondent | Workmen Being Represented By Janta Mazdoor Sangh |
| SCR | [2021] 6 S.C.R. 77 |
| Judgement Date | 2021-09-07 |
| Case Number | 4901 |
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