Bombay High Court

Bombay HC: Forest Corporation Must Grant Permanent Status to Long-Serving Watchmen

Updated
Jan 26, 2026 11:07 AM
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The Bombay High Court supported a decision against the Forest Development Corporation, Nashik, saying their employment practices were not fair. The case involved several attempts by the corporation to overturn decisions that favored their watchmen employees.

Appeals and Background

On December 24, 2025, Judges G. S. Kulkarni and Aarti Sathe gave a decision on several attempts made by the Divisional Manager of the Forest Development Corporation, Nashik. These attempts challenged a June 13, 2001, decision by a Single Judge that agreed with the Industrial Court's findings. The watchmen, all working as security guards, had complained about unfair work practices.

Complaints of Unfair Practices

The watchmen, who worked between 1977 and 1992, said they worked over 240 days each year without breaks. They believed they should be given permanent jobs and benefits because their work was ongoing and important. The Industrial Court agreed, finding the corporation guilty of unfair practices based on the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act.

"The respondents were continuously working with the appellant without any break and certainly they had completed more than 240 days in each year."

Corporation's Defense

The Forest Development Corporation argued they didn't have to offer permanent jobs since the work was connected to state government projects. They claimed offering permanent jobs would lead to unauthorized hiring, which they called a "backdoor entry."

Court's Findings

The court found that the corporation's reasons were not convincing. The work done by the watchmen was considered permanent and ongoing. The judges noted that the corporation's claim of relying on government projects did not free them from their legal responsibilities.

"The services of respondents were required to be engaged continuously year after year by the appellant."

Legal Precedents and Conclusion

The court referred to earlier Supreme Court decisions, highlighting the importance of fair job practices even in government-related organizations. The judgment confirmed that working continuously for over 240 days means workers should be given regular status.

"There is no merit in these appeals. They are accordingly rejected."

The court ordered the corporation to give the watchmen permanent jobs and benefits within eight weeks, emphasizing the need for fair treatment of long-serving employees.

The court's decision underlines the importance of recognizing the rights of temporary workers and ensuring fair labor practices, especially in organizations connected to the government.

Tags:
Maharashtra Recognition of Trade Unions Act
Prevention of Unfair Labour Practices Act
Employment Law