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Pandurang Sitaram Jadhav & Ors. v. The State of Maharashtra Through Its Dairy Manager

Civil Appeal · 2019 INSC 1082Decided 25 Sept 2019
Civil Appeal Nos. 10064-10075 of 2010
Justice Sanjay Kishan Kaul · Justice M.R. Shah

Background

Eleven daily-wage workers at a Regional Dairy in Konkan, Maharashtra, who had worked continuously for 12 to 20 years without being made permanent, filed complaints before the Industrial Court alleging unfair labour practice. The Industrial Tribunal and a Single Judge of the Bombay High Court ruled in their favour and ordered regularization, but a Division Bench of the High Court reversed this, relying on the absence of sanctioned posts and a regular recruitment process, and on the Supreme Court's earlier ruling in Secretary, State of Karnataka v. Umadevi.

Decision Breakdown

The Supreme Court held that the Division Bench had misapplied the Umadevi judgment, which was specifically about courts' power under Articles 32 and 226 of the Constitution to order regularization, not about the distinct and wide statutory powers of Industrial and Labour Courts under state labour laws to remedy unfair labour practices. Relying on its later ruling in Maharashtra SRTC v. Casteribe Rajya Parivahan Karmchari Sanghtana, the Court confirmed that Section 30(1)(b) of the Maharashtra Recognition of Trade Unions Act empowers Labour Courts to order regularization as affirmative relief against unfair labour practice, independent of Umadevi's constraints. Finding that the workers had genuinely performed regular, non-seasonal duties for decades, the Court allowed the appeals, directed the State to regularize the appellants within three months, and ordered payment of consequential benefits from the date the complaints were filed (though not for the earlier period).

Lesson Learnt

Long-term daily-wage or contract workers performing permanent, non-seasonal duties can seek regularization through Industrial/Labour Courts under specific state labour welfare statutes, and the Supreme Court's restriction on court-ordered regularization in the Umadevi case does not apply to this separate statutory remedy against unfair labour practices.

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

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