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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Executive Director, NE Zone, FCI – Appellant
Versus
Union Of India, Ministry Of Labour/Shram Mantralaya, rep. By Its Secretary – Respondent
| Table of Content |
|---|
| 1. writ petitions filed by both parties regarding the award. (Para 2 , 3 , 4 , 5) |
| 2. details of casual workers' employment history. (Para 6 , 8 , 10) |
| 3. previous awards regarding service and entitlement. (Para 11 , 15) |
| 4. reference to industrial tribunal regarding regularization. (Para 20 , 21) |
| 5. arguments from workmen regarding their entitlement. (Para 22 , 24 , 26) |
| 6. arguments from fci contesting workmen's claims. (Para 27 , 28 , 29) |
| 7. court's analysis of bonus entitlement. (Para 30 , 32) |
| 8. court's assessment on regularization and unfair practices. (Para 36 , 38 , 44) |
| 9. court's directives for regularization and historical context. (Para 49 , 50) |
| 10. conclusive order of the judgment. (Para 53) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. BK Singh, the learned counsel appearing on behalf of the Food Corporation of India. Mr. B Pathak, the learned counsel appears on behalf of the Workmen.
2. Each of the parties i.e. the Food Corporation of India (for short, the FCI) as well as the Workmen have filed respective writ petitions assailing the impugned Award dated 09.12.2019 passed in Reference Case No.1/2018.
3. FCI is the writ petitioner in WP(C)No.2429/2020 whereby the Award dated
The court established that failure to regularize long-serving casual workers constituted an unfair labor practice, violating their constitutional right to fair employment and necessitating recognitio....
The court established that reinstatement with back wages is not automatic for ad-hoc workers and that compensation may suffice if formal appointment procedures are not followed.
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 court affirmed that prolonged employment of daily wagers without regularization constitutes unfair labor practice, necessitating their regularization under the Industrial Disputes Act.
Labour Law – Unfair labour practice - when similarly situated workmen have been grated permanency by the University, non-granting of the same to the present workmen is nothing but an unfair labour pr....
Employees with over ten years of service are entitled to regularization under the approved scheme, despite arguments against retrospective application.
The court affirmed that prolonged employment without regularization constitutes unfair labor practice, mandating permanent status and equal pay for work of similar nature.
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