Gram Sevak Prashikshan Kendra v. Workmen

Order

CA No. … @ SLP (C) No. 4658 of 1993

1. Leave granted.

2. The appeal arises from the order of the Bombay High Court dated 18-12-1992 made in Writ Petition No. 667 of 1984. The respondents have been appointed as mazdoors in Manjri Agricultural School, Pune established under Rahuri Agricultural University in Maharashtra pursuant to the provisions of the Maharashtra Agricultural Universities Act, 1967. It would appear that they have been working on seasonal work right from the year 1975. When a reference was made for their regularisation under Section 10 of the Industrial Disputes Act, the Industrial Tribunal found that they had worked for more than 240 days in the years 1976, 1977, 1978 and 1979 and though work was available, they were not made permanent, on the ground that the Government had sanctioned only 36 sanctioned posts, and directed regularisation of the service of the respondents on permanent basis. When the management filed the writ petition, learned Single Judge had directed regularisation of the respondents and dismissed the petition. Thus, this appeal by special leave.

3. It is not in dispute that right from 1975 the workmen have been regularly working for more than 240 days a year. By virtue thereof, they will be entitled to continue so long as the seasonal work is available, and no retrenchment without complying with the mandatory provisions of Section 25-F of the Industrial Disputes Act would be effected. But, by virtue of continuing for 240 days and more, they do not acquire a permanent status to be absorbed as regular employees. For absorption as regular employees, existence of posts is mandatory. When we asked the learned counsel for the appellant, it was stated that the sanctioned posts are not more than 36. The workmen are more than 110. Under these circumstances, it cannot be comprehended that there exist sanctioned posts and the temporary employees are not being regularised. Mere continuance every year of seasonal work obviously during the period when the work was available, does not constitute a permanent status, unless there exist posts and regularisation is done. Under these circumstances, the Tribunal and the High Court are not right in holding, that the respondents are entitled to be absorbed on regular basis as regular employees.

4. Accordingly, the appeal is allowed. The orders of the Tribunal and the High Court are set aside. However, it is made clear that the appellant shall take the services of all the workmen existing as on date as and when the work is available and during the period of seasonal operation. As and when the vacancies arise, regularisation of the employees should be made in the order of their seniority and till the employees are regularised, they are not to be retrenched. In the circumstances, there will be no order as to costs.

CA No. … of 1994 [arising out of SLP (C) No. 5717 of 1993]

5. Leave granted.

6. Consequent to the order passed in CA No. … arising out of SLP (C) No. 4658 of 1993, this appeal is allowed. The order of the High Court is set aside. No costs.