Sixteen years after the petitioner filed an appeal, the Industrial Court has rejected a Labour Court’s order and directed that the employee of a mill that shut down be paid all benefits of a permanent employee.
The right to permanency will take place as per a notification of October 16, 1981, which amends the ‘model standing orders’ for operatives. Suresh Suvare was working as a temporary employee at Bombay Dyeing and Manufacturing Co. Ltd (Spring Mills) since September 1, 1993, and was entitled to be made a permanent employee after completing 240 days of work.
However, on September 19, 2008, the Labour Court rejected Mr. Suvare’s application and said it had no jurisdiction to grant relief. The court recorded, “The application for getting the benefits of permanency under the ‘model standing order’ is maintainable, but the Labour Court does not have the jurisdiction to decide on the application.”
Mr. Suvare then moved the Industrial Court, which took into account that he completed 295 days in 1991 and 296 days in 1992. The court also went through documents that “duly proved that it is crystal clear from the date of joining till the date of filing of this application that he has completed continuous and uninterrupted service of 240 days in the mill”.
S.B. Savale, president of the Industrial Court, said, “The Labour Court has not dealt with the issue of entitlement and dismissed the case on the ground of jurisdiction. There is enough evidence to say that Mr. Suvare is entitled to relief.”
The Industrial court recorded, “The Labour Court has committed an error in appreciating the principles laid down in various case laws. The judgment of the Labour Court is therefore, erroneous and needs to be interfered in the appeal.”
