Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947-ss.2(ra) 25(T |
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-ss.2(ra), 25(T)- Unfair labour practice- Daily wage workers - Benefit of permanency, entitlement of - Workmen appointed to the post of safai kamdars of the Gram Panchayat- Serving for varied years- o 18 years, 16 years, 8 years, 5 years but considered as daily wage workers- Industrial dispute raised by workmen seeking benefit of permanency under the Panchayat-Award passed by the labour court that workmen to be made permanent employees - Said award upheld by the High Court - E · Justification of- Held: Orders of the High Court and the Award passed by the Labour Court was reasonable and has been arrived at in a just and fair manner - Workmen did the same work which was being done by the permanent workmen of the Panchayat, they worked for similar number of hours, F however; there is discrepancy in the payment of wages/salary between the permanent and non-permanent workmen - The same amounted to unfair labour practice as defined u/s.2(ra) which is prohibited uls. 25(T) - Further; there was no restriction G for recruitment of workmen in the Panchayat set up, financial position of the Panchayat is sound -Also principle of equal work, equal pay has been violated by the Panchayat- Thus, services of the workmen are held permanent in nature, since they have worked for more than 240 days in a calendar year from the date of their initial appointment- Panchayat directed to treat services of the workmen as permanent employees after five years of their initial appointment and pay regular pay scale - Gujarat Panchayat Act, 1993. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 273 |
Petitioner | Umralagram Panchayat |
Respondent | The Secretary, Municipal Employees Union & Ors. |
SCR | [2015] 3 S.C.R. 659 |
Judgement Date | 2015-03-27 |
Case Number | 3209-3210 |
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