Bombay HC: Nashik Watchmen to Gain Permanent Status After 240 Days of Service

Summary: The Bombay High Court decided against the Forest Development Corporation of Nashik, stating that the company must make its watchmen permanent employees since they have been working continuously for over 240 days each year. This decision ensures these workers get the benefits and recognition they deserve.

Background of the Case

The case involves a series of appeals by the Forest Development Corporation, Nashik, against Chandar Bhorji Mirka and several other watchmen. The employees filed complaints under a law that deals with recognizing labor unions and preventing unfair treatment of workers, claiming the corporation treated them unfairly.

Appeals and Judgments

The appeals were heard by Judges G. S. Kulkarni and Aarti Sathe. The original decision from June 13, 2001, by a single judge, had agreed with the orders of the Industrial Court, which found the corporation guilty of unfair treatment. Chandar Bhorji Mirka and the other employees argued they had worked continuously for many years and deserved to be made permanent employees.

"Chandar Bhorji Mirka and the respondents were working with the appellant without any break in service... hence, the appellant was under an obligation to regularize the services."

Corporation's Argument

The Forest Development Corporation argued that the workers were hired temporarily under government programs and that there were no official positions available for permanent jobs. They claimed that making the workers permanent would lead to financial losses.

Court's Analysis

The court found that Chandar Bhorji Mirka and the employees had indeed worked continuously for over 240 days each year and were entitled to permanent status. The judges noted that the corporation, being a government entity, should follow fair labor practices.

"The Industrial Court recorded clear findings... Chandar Bhorji Mirka and the respondents were continuously working without any break and had completed more than 240 days each year."

Verdict

The court dismissed the appeals, ordering the corporation to make Chandar Bhorji Mirka and the employees permanent and provide them benefits starting from April 1, 1998. This decision highlights the importance of fair treatment and recognition of workers' rights, ensuring they get the benefits they deserve for their continuous service.

"Chandar Bhorji Mirka and the respondents/workmen shall be given all the benefits of the orders... within eight weeks."