Case Note & Summary
The Petitioner, a daily wage worker engaged by the Respondent-Corporation (fully owned by the Forest Department of Maharashtra) since 1999, sought absorption/permanency under a Government Resolution dated 16 October 2012. The GR provided for absorption of daily wage workers who had completed 240 days of service in any of the 5 years between 1 November 1994 and 30 June 2004. The Petitioner filed Complaint (ULP) No. 71 of 2014 before the Industrial Court, Nashik, claiming he fulfilled the criteria. The Industrial Court rejected the complaint, holding that the Petitioner did not satisfy the required criteria. Aggrieved, the Petitioner filed the present writ petition. The High Court examined the evidence, including unchallenged documentary proof of the Petitioner's service records, and found that the Petitioner had indeed completed more than 240 days in each year. The court held that the Industrial Court's approach was hyper-technical and that the GR, being a beneficial scheme, must be liberally construed. The court allowed the petition, set aside the impugned order, and directed the Respondent to grant permanency to the Petitioner with effect from 1 June 2012.
Headnote
A) Industrial Law - Absorption of Daily Wage Workers - Government Resolution dated 16 October 2012 - Liberal Construction - The court held that the Government Resolution dated 16 October 2012, being a beneficial scheme for absorption of daily wage workers, must be liberally construed. The Industrial Court erred in adopting a hyper-technical approach in rejecting the Petitioner's claim for permanency. (Paras 1-10) B) Industrial Law - Permanency - Completion of 240 Days Service - Evidence - The court found that the Petitioner had completed more than 240 days of service in each year from 1999 onwards, as evidenced by unchallenged documentary evidence. The Industrial Court's finding that the Petitioner did not satisfy the criteria was perverse and based on misreading of evidence. (Paras 11-20) C) Industrial Law - Unfair Labour Practice - Complaint (ULP) No. 71 of 2014 - The court allowed the writ petition, set aside the impugned order of the Industrial Court, and directed the Respondent to grant permanency to the Petitioner with effect from 1 June 2012 in accordance with the Government Resolution dated 16 October 2012. (Paras 21-25)
Issue of Consideration
Whether the Industrial Court erred in rejecting the Petitioner's complaint seeking absorption/permanency in service under the Government Resolution dated 16 October 2012, and whether the Petitioner fulfilled the criteria of completing 240 days of service in any of the 5 years between 1 November 1994 and 30 June 2004.
Final Decision
The High Court allowed the writ petition, set aside the impugned order of the Industrial Court dated 23 September 2022, and directed the Respondent to grant permanency to the Petitioner with effect from 1 June 2012 in accordance with the Government Resolution dated 16 October 2012.
Law Points
- Absorption of daily wage workers
- Government Resolution dated 16 October 2012
- Liberal construction of beneficial legislation
- Permanency in service
- Completion of 240 days service
