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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SATYEN VAIDYA
Director, Doordarshan Kendra – Appellant
Versus
Jai Chand – Respondent
JUDGMENT :
Satyen Vaidya, J.
1. By way of instant petition, petitioners have taken exception to the award dated 02.02.2021 passed by learned Presiding Officer, Central Government Industrial Tribunal–cum-Labour Court, II, Chandigarh (for short, “Tribunal”) in ID No. 24/2015.
2. The Doordarshan Casual and Contract Employees Association, Shimla submitted its demand notice dated 18.07.2014 to the Deputy Director, Doordarshan Kendra, Shimla. Their demands were as under:
(i) The services of casual and contract employees, who have been rendering services since 1995, in different departments of Doordarshan Kendra, Shimla should be regularized.
(ii) The casual and contract employees, who have been rendering their services to Doordarshan Kendra, Shimla since 1995 should be brought under some contractual policy as in the case of Prasar Bharti by taking into consideration their educational qualifications and experience.
(iii) Till the formulation of contractual policy and its implementation, the wages should be paid by declaring different sections.
(iv) An Attendance Register should be maintained in the Doordarshan Kendra, Shimla for marking the attendance of casual and contractual employees.
(v) Offi
The court affirmed that continuous employment since 1995 entitled casual workers to regularization as employees under the Industrial Disputes Act, despite management's claims to the contrary.
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 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 Industrial Tribunal can regularize services of workmen if unfair labor practices are established, even in the absence of sanctioned posts.
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....
The court established that unequal treatment in employment regularization, despite available posts, constitutes an unfair labor practice under the Industrial Disputes Act.
The court's decision emphasized the importance of proving regularisation claims under relevant settlement agreements and upheld the Tribunal's findings based on evidence.
The court affirmed that prolonged employment of daily wagers without regularization constitutes unfair labor practice, necessitating their regularization under the Industrial Disputes Act.
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....
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