Summary: The Bombay High Court decided against the Forest Development Corporation, Nashik, confirming that several employees should be given permanent status because of unfair treatment. This decision affects many workers who have been working for years on a temporary basis.
The case involved the Divisional Manager of the Forest Development Corporation, Nashik, as the one who appealed, and a large group of people responding, including Shri Bhika Gangaram Dalavi, among others. These people were initially hired as watchmen.
The main issue goes back to complaints made under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The workers said that the Corporation treated them unfairly by not making their jobs permanent, even though they worked continuously for over 240 days a year from as early as 1977 to 1992.
"The respondents were working with the appellant without any break in service since from the respective dates of joining service..."
The Industrial Court and later the Single Judge found that the Corporation had indeed treated the workers unfairly. They decided that the workers should be given permanent status and benefits from April 1, 1998, with back pay from that date.
The Forest Development Corporation argued that they didn't have to make the workers permanent because the jobs were under temporary projects. They claimed that making the jobs permanent would cause financial loss and was like sneaking into permanent jobs through the back door.
The court, led by Justices G. S. Kulkarni and Aarti Sathe, dismissed these appeals, stating:
"When a worker continues in employment for years together and completes 240 days of service in each year, certainly legal rights accrued to each of such workmen/respondents..."
The court stressed that the Corporation's actions were not justified and that the workers deserved the same rights as permanent employees. The appeals were rejected, and the Corporation was ordered to follow the Industrial Court's decision within eight weeks.
