Bombay Industrial Employment (Standing Orders) Rules, 1959 – Industrial Employment (Standing Orders) Act, 1946 – AppellantUnion represents workmen temporarily engaged on a fixed-term contract by the respondent-company – Appellant contended that the workmen were treated as temporary despite completing 240 days in service in terms of the Model Standing Order provided under the Rules of 1959 and despite the nature of the work being permanent and regular – Respondent claimed that the workers are not entitled to permanency as per the settlement dated 02.05.2002 – Central Government Industrial Tribunal (CGIT) rejected the demand of the appellant for reinstatement with full back wages – High Court confirmed the award of CGIT – Issues before the Supreme Court: Which is the Appropriate Authority empowered to issue the Standing Order(s) under the Industrial Employment (Standing Orders) Act, 1946 – Whether private agreement/settlement between the parties would override the Standing Order – Held: Respondent is not, within the meaning of s.2(b), under the control of the Central Government – It is under the control of the State Government – Thus, Bombay Model Standing Order would be applicable to the parties – As far as second question is concerned, as per Bombay Model Standing Order clauses, a workman who has worked for 240 days in an establishment would be entitled to be made permanent, and no settlement which abridges such a right can be agreed upon, let alone be binding – Any agreement/contract/settlement wherein the rights of the employees are waived off would not override the Standing Orders – Appellant-Union entitled to all the benefits per the Bombay Model Standing Order – Award passed by CGIT and Judgment of High Court set aside – Appeal allowed.
Sudhir Chandra Sarkar v. Tata Iron and Steel Co. Ltd. (1984) 3 SCC 369 : [1984] 3 SCR 325; Western India Match Co. v. Workmen (1974) 3 SCC 330 : [1974] 1 SCR 434; Rasiklal Vaghajibhai Patel v. Ahmedabad Municipal Corpn. (1985) 2 SCC 35 : [1985] 2 SCR
556 – relied on.
U.P. SEB v. Hari Shankar Jain (1978) 4 SCC 16 : [1979]
1 SCR 355 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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