Case Note & Summary
The judgment pertains to a writ petition filed by 22 Van Majoor (Forest Labourers) employed in Group D category in Sanjay Gandhi National Park, Mumbai, seeking permanency and regularization of their services. The petitioners had been working continuously since 2003 as Labourers, Watchman, Cook and Gardener, performing highly risky duties including cleaning cages of wild animals such as tigers, lions, leopards, and hyenas, cutting meat, feeding them, nursing them, and providing medicines. Despite decades of continuous service, they were denied permanent status. The petitioners, through their union, had earlier filed a ULP Complaint before the Industrial Court, which was dismissed. The High Court, after hearing arguments, held that the continuous employment for over 20 years without regularization constituted an unfair labour practice under Item 6 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The court directed the respondents to frame a scheme for regularization of the petitioners' services within three months, considering their long service and the hazardous nature of their work. The court also noted that the petitioners had become indispensable due to their familiarity with the wild animals.
Headnote
A) Service Law - Permanency and Regularization - Continuous Employment - Van Majoor (Forest Labourers) working in Sanjay Gandhi National Park for over 20 years in Group D category as Labourers, Watchman, Cook and Gardener, handling wild animals like tiger, lion, leopard and hyena, sought permanency - Held that such long continuous service without regularization amounts to unfair labour practice under Item 6 of Schedule IV of MRTU and PULP Act, 1971 - Respondents directed to frame a scheme for regularization within three months (Paras 2-17). B) Unfair Labour Practice - MRTU and PULP Act, 1971 - Schedule IV Item 6 - Denial of permanency despite continuous employment for decades - Petitioners employed since 2003 without break, performing hazardous duties - Held that failure to regularize despite availability of work and continued need constitutes unfair labour practice - Respondents cannot continue to employ on temporary basis indefinitely (Paras 3-16). C) Industrial Disputes Act, 1947 - Sections 25F, 25G, 25H - Retrenchment and Re-employment - Petitioners worked continuously without any break - Held that provisions of ID Act regarding retrenchment and re-employment are applicable - Respondents directed to consider regularization in accordance with law (Paras 10-15).
Issue of Consideration
Whether the petitioners, who have worked continuously as Van Majoor (Forest Labourers) in Group D category for over two decades in Sanjay Gandhi National Park, are entitled to permanency and regularization of their services, and whether the respondents' failure to regularize them constitutes an unfair labour practice under the MRTU and PULP Act, 1971.
Final Decision
The High Court allowed the writ petition and directed the respondents to frame a scheme for regularization of the petitioners' services within three months from the date of the judgment, considering their long continuous service and the hazardous nature of their work.
Law Points
- Unfair labour practice
- permanency
- regularization
- continuous employment
- group D employees
- forest labourers
- wild animal handlers
- Section 2(s) Industrial Disputes Act
- 1947
- Section 25F Industrial Disputes Act
- Section 25G Industrial Disputes Act
- Section 25H Industrial Disputes Act
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act
- 1971
- Schedule IV Item 6
- Schedule IV Item 9
