Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1947 - Regularisation Industrial Disputes Act |
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 — Regularisation— Claim for — Appointment of workmen by Corporation initially through contractors, subsequently, through Co-operative Society - Thereafter, policy decision by the Corporation to entrust security work to CISF to protect their installations ~ During pendency of the sanction from Central Government of the policy decision, Corporation issuing memorandum of appointment directly to each one of the concerned workmen on term basis and thereafter, employed continuously without written orders by the Corporation ~ Workmen claiming regularization of services in the Corporation — Award passed by the tribunal directing the Corporation to regularize the services of the workmen since they had completed 480 days of work as required — Said award upheld by the High Court— On appeal, held: Order passed by the High Court is legal and valid — Policy decision is neither valid nor applicable — Certified Standing Order of Corporation apply to the workmen and overrides the policy decision — Workmen have acquired their right to be regularised as per the Act as well as the provision of cl 2(ii) of the ‘Certified Standing Orders since they have rendered more than 240 days of service in a calendar year from the date of the memorandum of appointment issued -— It would be unjust and unfair to deny them regularisation in their posts for the error committed by the Corporation in the procedure to appoint them in thé posts — |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 338 |
Petitioner | Ongc Ltd. |
Respondent | Petroleum Coal Labour Union & Ors. |
SCR | [2015] 5 S.C.R. 474 |
Judgement Date | 2015-04-17 |
Case Number | 3727 |
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