Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bombay Industrial Employment (Standing Orders) Rules 1959 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Industrial Employment (standing Orders) Act, 1946 (20 of 1946) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bombay Industrial Employment (Standing Orders) Rules, 1959– Industrial Employment (Standing Orders) Act, 1946 – Appellant-Union represents workmen temporarily engaged on a fixed-termcontract by the respondent-company – Appellant contended thatthe workmen were treated as temporary despite completing 240 daysin service in terms of the Model Standing Order provided under theRules of 1959 and despite the nature of the work being permanentand regular – Respondent claimed that the workers are not entitledto permanency as per the settlement dated 02.05.2002 – CentralGovernment Industrial Tribunal (CGIT) rejected the demand of theappellant for reinstatement with full back wages – High Courtconfirmed the award of CGIT – Issues before the Supreme Court:Which is the Appropriate Authority empowered to issue the StandingOrder(s) under the Industrial Employment (Standing Orders) Act,1946 – Whether private agreement/settlement between the partieswould override the Standing Order – Held: Respondent is not, withinthe meaning of s.2(b), under the control of the Central Government– It is under the control of the State Government – Thus, BombayModel Standing Order would be applicable to the parties – As faras second question is concerned, as per Bombay Model StandingOrder clauses, a workman who has worked for 240 days in anestablishment would be entitled to be made permanent, and nosettlement which abridges such a right can be agreed upon, let alonebe binding – Any agreement/contract/settlement wherein the rightsof the employees are waived off would not override the StandingOrders – Appellant-Union entitled to all the benefits per the BombayModel Standing Order – Award passed by CGIT and Judgment ofHigh Court set aside – Appeal allowed. |
Judge | Hon'ble Mr. Justice Sanjay Karol |
Neutral Citation | 2023 INSC 646 |
Petitioner | Bharatiya Kamgar Karmachari Mahasangh |
Respondent | M/s. Jet Airways Ltd |
SCR | [2023] 10 S.C.R. 859 |
Judgement Date | 2023-07-25 |
Case Number | 4404 |
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