Case Note & Summary
The petitioner, Chalisgaon Textile Mills, challenged the judgment of the Industrial Court, Jalgaon dated 30/04/2002, which partly allowed Complaint (ULP) No.846/1999 (Old No.43/1993) filed by the respondent, Balu Chhagan Jiremali. The respondent had worked as a Badli weaver in the petitioner's factory from September 1981. He alleged that the management made him work continuously as a Badli worker to deprive him of regularization, and that he was given false assurances. He sought permanency in employment. The management opposed, contending he was a Badli Kamgar and could not be regularized, denying continuous service of 240 days. The Industrial Court granted him permanency from 1986. The High Court, after hearing the parties, admitted the petition and made rule on interim relief returnable by six weeks, but later discharged interim relief by order dated 03/09/2007. The matter was heard on 08/05/2019 in a special drive for old final hearing matters. The High Court upheld the Industrial Court's order, finding no reason to interfere, and dismissed the writ petition.
Headnote
A) Industrial Law - Badli Worker - Permanency - Continuous Service - Industrial Disputes Act, 1947, Section 25B - The respondent worked as a Badli weaver from September 1981 and sought permanency alleging unfair labour practice. The Industrial Court granted permanency from 1986. The High Court upheld the order, holding that continuous service as a Badli worker for several years entitles the worker to regularization. (Paras 1-5)
Issue of Consideration
Whether a Badli worker who has worked continuously for several years is entitled to permanency in employment.
Final Decision
Writ petition dismissed. Industrial Court order granting permanency to the respondent from 1986 upheld.
Law Points
- Badli worker
- continuous service
- permanency
- regularization
- Industrial Disputes Act
- 1947
- Section 25B
- unfair labour practice
Case Details
2019 LawText (BOM) (06) 17
WRIT PETITION NO.1771 OF 2003
Mr. L.V. Sangit for petitioner, Mr. V.Y. Patil for respondent
Chalisgaon Textile Mills, Chalisgaon, Through its General Manager, Surendrakumar Kakkad
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Nature of Litigation
Writ petition challenging Industrial Court order granting permanency to a Badli worker.
Remedy Sought
Petitioner sought to quash the Industrial Court order granting permanency to the respondent.
Filing Reason
Petitioner aggrieved by Industrial Court order partly allowing complaint seeking permanency.
Previous Decisions
Industrial Court, Jalgaon partly allowed Complaint (ULP) No.846/1999 (Old No.43/1993) granting permanency from 1986.
Issues
Whether a Badli worker who has worked continuously for several years is entitled to permanency in employment.
Submissions/Arguments
Petitioner argued that respondent was a Badli Kamgar and could not be regularized.
Respondent argued that he worked continuously and was entitled to permanency.
Ratio Decidendi
A Badli worker who has worked continuously for several years is entitled to permanency in employment, and the Industrial Court's order granting such permanency is not liable to be interfered with.
Judgment Excerpts
The petitioner is aggrieved by the judgment and order delivered by the Industrial Court, Jalgaon dated 30/04/2002, by which Complaint (ULP) NO.846/1999 (Old No.43/1993) is partly allowed.
The respondent/original complainant was working with the petitioner factory from September 1981 as a 'weaver' in the Cloth Department.
Procedural History
Complaint (ULP) No.43/1993 (New No.846/1999) filed before Industrial Court, Jalgaon. Industrial Court partly allowed complaint on 30/04/2002 granting permanency from 1986. Petitioner filed Writ Petition No.1771 of 2003 in Bombay High Court. Rule on interim relief made returnable by six weeks on admission. By order dated 03/09/2007, interim relief discharged. Matter heard on 08/05/2019 and order passed on 12/06/2019.
Acts & Sections
- Industrial Disputes Act, 1947: Section 25B
