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2023 Supreme(SC) 656

ABHAY S. OKA, SANJAY KAROL
Bharatiya Kamgar Karmachari Mahasangh – Appellant
Versus
Jet Airways Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sanjay Singhvi, Sr. Adv. Mr. Nitin S. Tambwekar, Adv. Mr. Seshatalpa Sai Bandaru, AOR
For the Respondent(s): Mr. Ujjwal A Rana, Adv. Mr. Himanshu Mehta, Adv. For M/S. Gagrat And Co, AOR

JUDGMENT

Sanjay Karol, J.

The present appeal arises out of the judgment of the High Court of Bombay in Writ Petition No. 2657 of 2017, wherein it confirmed the award dated 30.03.2017 passed by the Central Government Industrial Tribunal (hereinafter referred to as CGIT) rejecting the demand of the Appellant-Union for reinstatement with full back wages.

2. The brief facts involved in the case are as follows: The respondent company operates a commercial airline, flying aircraft for transporting passengers and cargo. The Appellant represents around 169 workmen temporarily engaged on a fixed-term contract by the Respondent in various cadres like loader-cum-cleaners, drivers and operators. The Appellant contends that the workmen were treated as temporary despite completing 240 days in service in terms of the Model Standing Order provided under the Bombay Industrial Employment (Standing Orders) Rules, 1959 (hereinafter referred to as "Bombay Model Standing Order") and despite the nature of the work being permanent and regular. The Trade Union had raised a charter of demands which, after negotiations, resulted in a settlement dated 02.05.2002. In the said charter of demands, Bhartiya Kamgar S

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