Back
IN THE HIGH COURT AT CALCUTTA
TAPABRATA CHAKRABORTY, REETOBROTO KUMAR MITRA
Board of Major Port Authority for Syama Prasad Mookerjee Port, Kolkata – Appellant
Versus
National Union of Waterfront Workers (INTUC) – Respondent
JUDGMENT :
Tapabrata Chakraborty, J.
1. Board of Major Port Authority for Syama Prasad Mookerjee Port, Kolkata and its functionary had preferred the above appeals challenging the judgment dated 18th March, 2024 passed by the learned Single Judge in two writ petitions being WPA 8919 of 2021 and WPA 10267 of 2021. By the said judgment, the former writ petition preferred by the workmen was disposed of and the later writ petition preferred by the appellants was dismissed.
2. The records would reveal that the Government of India, Ministry of Labour in exercise of its powers under section 10(1)(d) and sub-section (2A) of section 10 of the Industrial Disputes Act, 1947 (hereinafter referred as the ID Act) referred the following dispute for adjudication:
‘Whether the action of the management of Kolkata Port Trust, Kolkata in non-regularising the services of 61 workmen (as per list attached as Annexure-1) engaged on temporary basis, on the permanent posts as mentioned against each name in the list, is legal and justified? If not, to what relief they are entitled for?’
3. Upon exchange of pleadings and the evidence tendered, the learned Tribunal delivered the Award on 1st August, 2019 observing,
The court ruled that an artificial break in service constitutes unfair labor practice, warranting regularization of workmen from the date of reference despite contractual employment.
Employers cannot deny regularization to employees engaged in perennial work, regardless of claims of temporary employment, as such practices violate statutory obligations and constitute unfair labor ....
The court upheld the Tribunal's order for regularization of workers, finding the Municipality's prolonged employment practices constituted unfair labor practices under the Industrial Disputes Act.
The court affirmed that prolonged employment of daily wagers without regularization constitutes unfair labor practice, necessitating their regularization under the Industrial Disputes Act.
The court upheld the Tribunal's order for regularization of employees, citing unfair labor practices by the Municipality in retaining them on temporary wages despite available posts.
The court affirmed that failing to regularize employees engaged in continuous work constitutes unfair labor practice under the Industrial Disputes Act, 1947.
The court upheld the Tribunal's awards for employee regularization, emphasizing the prohibition of unfair labor practices under the Industrial Disputes Act, while clarifying the need for state approv....
The obligation of the employer to regularise the service of workmen and the prohibition against unfair labour practices under Section 25T of the Industrial Disputes Act 1947.
The main legal point established in the judgment is that the municipality's actions constituted unfair labor practice, justifying the regularisation of the respondent-workman's service. The court emp....
The obligation of the employer to accommodate the workman, the power of the Labour Court to grant relief, and the legal principles related to unfair labour practices and regularisation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
