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General Manager (APGENCO) v. P. Ram Babu & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 9793 of 2010)Decided 31 Jan 2017
Civil Appeal No. 9793 of 2010
Justice Kurian Joseph · Justice A.M. Khanwilkar

Background

Workmen employed through contractors with the Andhra Pradesh Generation Corporation (APGENCO) claimed they were working in "prohibited categories" of employment and were therefore entitled to be absorbed as regular employees under a government scheme. An Industrial Tribunal, after examining the evidence, held in their favour, and a Single Judge of the Andhra Pradesh High Court upheld that finding. The employer (APGENCO) appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that the Tribunal had already given both parties a fair opportunity to produce the relevant recommendation on absorption, which the management had failed/withheld, and that the Tribunal's finding, that workmen were sent on deputation around the cut-off date specifically to deny them absorption, was a well-founded finding of fact based on a comprehensive appreciation of evidence. Finding no perversity in that finding, the Court dismissed the appeal and directed the employer to implement the Tribunal's award in its true spirit without further delay.

Lesson Learnt

Once a labour tribunal's factual findings on entitlement to regularisation are based on a thorough evaluation of evidence and upheld by the High Court, the Supreme Court will not disturb them merely because the employer disagrees, and employers cannot defeat a workman's claim by manipulating transfer/deputation timing around a cut-off date.

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

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