Bombay High Court Grants Permanent Status To Long Serving Forest Labourers In National Park - 2025-09-03

Bombay High Court Grants Permanent Status To Long Serving Forest Labourers In National Park

In a significant ruling protecting the rights of long-term contractual employees, the High Court of Bombay has directed the state to grant permanent status to 22 "Van Majoors" (Forest Labourers) who have worked continuously at the Sanjay Gandhi National Park since 2003. Justice Milind N. Jadhav, presiding over the matter, set aside an earlier Industrial Court judgment that had denied these workers permanency due to the lack of sanctioned posts.

A Decades-Long Struggle for Recognition

The petitioners, comprising labourers, watchmen, cooks, and gardeners, have performed high-risk duties for over two decades. Their responsibilities included cleaning cages of wild animals like tigers and leopards, preparing food, and administering medical care to captive wildlife. Despite their indispensable role and their work alongside regular permanent employees, they were denied the benefits associated with regular employment, such as health coverage, leave, and social security.

The Legal Clash: Exploitation vs. Administrative Constraints

The petitioners argued that they consistently completed 240 working days annually and were paid wages alongside permanent department staff, satisfying the criteria for permanency under various government resolutions. Conversely, the state, representing the Forest Department, contended that the petitioners were daily-wage earners hired without a formal selection process against sanctioned posts. The state argued that the 125 "super-numerary" posts created under a 2012 Government Resolution had already been exhausted, leaving no vacancy for the petitioners.

Judicial Scrutiny and Precedents

Justice Jadhav emphasized that the lack of sanctioned posts cannot be used as a pretext for the indefinite exploitation of workers. Relying on established precedents, including Chief Conservator of Forests vs. Jagannath Maruti Kondhare , the Court noted that the Industrial Court failed to recognize the unfair labour practices being perpetrated. The bench clarified that the constitutional scheme for public employment does not preclude labour courts from granting permanency to workers who have been engaged in perennial tasks for decades.

Key Observations

The judgment highlighted several critical points regarding the nature of the employment:

• "Once they are continued in employment for years together without implementing various social security measures it would amount to depriving them the benefits, status and privilege of a permanent workman."
• "The reasoning adopted by the learned Industrial Court for denying them permanent status on the ground of they having failed to show existence of sanctioned posts cannot be acceptable neither countenanced."
• "Accepting such a reasoning would amount to continuation of exploitation of Petitioners without granting them benefits of permanency when they are entitled to the same."
• "If Government's argument is accepted, it would amount to enslavement of these workmen and bonded labour."

Final Ruling and Implications

The High Court has allowed the writ petition, effectively overturning the dismissal of the Union's complaint. The Court ordered the Forest Department to compute all outstanding differential wages due to the petitioners and process these payments within a strictly enforced ten-week timeline. This judgment serves as a vital affirmation of labour rights, ensuring that long-term workers engaged in permanent, perennial duties cannot be perpetually relegated to the status of temporary daily wagers.