In a recent decision, the Bombay High Court told the Maharashtra Police Academy to give Bharati Yashwant Salve her job back as a computer operator, along with all her pay and benefits from the time she was let go. The court found that firing her was unfair and broke labor laws.
Bharati Yashwant Salve was hired temporarily as a computer operator by the Maharashtra Police Academy and was paid daily. She worked there for almost eight years without a break. Even though she worked for so long, her requests to be made a permanent employee were ignored. In January 2018, she was let go without any warning or payment.
Bharati Yashwant Salve filed a complaint under a law that protects workers from unfair treatment. The Labor Court first ruled in her favor, but the Academy kept appealing, which led to many legal proceedings.
Justice Milind N. Jadhav decided that the Academy treated Bharati unfairly. The court pointed out that because she worked there for so long and what she did at her job, she should be considered a "worker" under a law that deals with job disputes.
"Bharati Yashwant Salve worked for more than 240 days a year and was employed for nearly 8 years. Hence Bharati Yashwant Salve falls into the definition of workman as defined under Section 2(s) of ID Act."
The Academy claimed it wasn't a "business" under the job dispute law because it did government work. However, the court noted that the Academy also trained private security companies for money, which means it was doing business activities.
The Academy has been ordered to give Bharati Yashwant Salve her job back as a High Grade Stenographer and pay her all the money she missed out on, along with full benefits. The court has given a six-week pause on the decision so the Academy can appeal to the Supreme Court.
The court ruled in favor of Bharati Yashwant Salve, stating that her firing was unfair and she should be reinstated with all her back pay and benefits.
