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Durgapur Casual Workers Union v. Food Corporation of India

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 10856 of 2014)Decided 9 Dec 2014
Civil Appeal No. 10856 of 2014
Justice Sudhansu Jyoti Mukhopadhaya · Justice Prafulla C. Pant

Background

Forty-nine former contract workers were directly employed as casual workers by the Food Corporation of India after its rice mill closed. An Industrial Tribunal found that keeping them casual amounted to unfair labour practice and ordered absorption. A High Court Division Bench overturned the award, treating their initial appointments as unlawful under public recruitment principles.

Decision Breakdown

The Supreme Court allowed the workers' appeal and restored the Tribunal's award as upheld by the Single Judge. The Corporation had not pleaded before the Tribunal that the initial appointments were illegal or made through a back door. The Division Bench could not introduce that factual conclusion to undo the established finding of unfair labour practice. The Court directed the Corporation to implement the absorption award from its due date; it did not announce that every long-serving casual government worker automatically becomes permanent.

Lesson Learnt

A public employer remains subject to the law against unfair labour practices. In a dispute about absorption, an unpleaded allegation of unlawful recruitment cannot replace findings made on the actual issues and evidence before the labour tribunal.

Official source (sci.gov.in)View Judgment (PDF)

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