Bombay High Court

Bombay HC: Temporary Watchmen Secured Permanent Jobs After 240 Days of Work

Updated
Jan 19, 2026 10:59 PM
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Summary: The Bombay High Court decided on December 24, 2025, that the Forest Development Corporation, Nashik, must give permanent jobs to Jagan Santu Gaikwad and several other watchmen who worked for over 240 days each year. The court found that the corporation was not treating the workers fairly by not making their jobs permanent.

The Background: Who's Involved?

This case involves the Forest Development Corporation, Nashik, and several watchmen, including Jagan Santu Gaikwad, who worked there. The corporation is managed by the Maharashtra Government. Jagan Santu Gaikwad and the other watchmen were hired between 1977 and 1992 on temporary contracts but worked continuously for years.

What's the Case About?

Jagan Santu Gaikwad and the other watchmen filed complaints in the Industrial Court at Nashik, claiming unfair treatment under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. They argued that they should be made permanent employees since they worked more than 240 days every year.

The Corporation's Argument: Why They Opposed

The corporation argued that they didn't have to make Jagan Santu Gaikwad and the other watchmen permanent because: - They were hired for temporary projects. - There were no approved permanent positions. - Making them permanent would be like sneaking in through the back door.

Court's Findings: Why Jagan Santu Gaikwad and the Watchmen Won

The Industrial Court ruled for Jagan Santu Gaikwad and the other watchmen, stating: - The work was ongoing and not temporary. - Jagan Santu Gaikwad and the other watchmen had been working without breaks, meeting the criteria for permanent jobs. - The corporation's excuse of not having money and approved positions was not believable.

The High Court's Role: What Happened Next?

The corporation appealed, but the High Court, with Judges G. S. Kulkarni and Aarti Sathe, agreed with the Industrial Court's decision. They noted: - The corporation is an independent organization and must follow labor laws. - Jagan Santu Gaikwad and the other watchmen clearly worked for the corporation as employees. - The work was continuous, and the corporation's reasons were not good enough to deny permanent jobs.

Important Dates and Decisions

  • June 13, 2001: Original decision by the Single Judge.
  • July 31, 2000: Industrial Court's decision.
  • December 24, 2025: High Court's final decision.

Summary of the Verdict

The court's decision ensures that Jagan Santu Gaikwad and the other watchmen receive the benefits and job security they deserve. This case emphasizes the importance of fair treatment for workers and their right to permanent jobs when they meet specific conditions.

"The respondents/workmen shall be given all the benefits of the orders passed by the Industrial Tribunal and as confirmed by the learned Single Judge, as quickly as possible." – High Court Judgment

Tags:
Employment Law
Unfair Labor Practices
Job Permanency