Ballarpur Industries Ltd. (Bilt Graphic Paper Products Ltd.) v. Maharashtra Lok Kamgar Sanghatana and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 2412 of 2016)Decided 2 Mar 2016
Civil Appeal No. 2412 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The appellant-company and the respondent workers' union had been locked in a labour dispute dating back to 1997 over the status of daily-wage workers. The company was appealing against an order dated 18.12.2015 on this dispute. During the Supreme Court hearing, with the Court's encouragement, both sides worked out an amicable settlement covering the 224 workers then on the company's rolls.

Decision Breakdown

The Supreme Court recorded the parties' agreement that daily-wage workers among the 224 would be made permanent effective 1.1.2010, with claims of any workers who had superannuated, died, resigned, or retired to be settled accordingly. The appellant's senior counsel also agreed that workers who ceased service between 24.08.2009 and 1.1.2010 would receive appropriate payment or treatment similar to the others. The Court modified the impugned order to this extent and disposed of the appeal on these agreed terms, with no order as to costs, bringing nearly two decades of litigation to a close.

Lesson Learnt

Long-running labour disputes can often be resolved through negotiated settlement even at the Supreme Court stage, with the Court's assistance: such settlements can give workers a clear, enforceable regularisation date rather than prolonging litigation indefinitely.

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