Dinesh Divekar
Business Mentor, Consultant And Trainer
Labour Law Professional
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms

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Dear friends,

The Supreme Court has ordered compensatory payment to workers of Bajaj Auto Ltd who had alleged that they were kept on temporary basis for several years denying permanent status. They alleged unfair labour practices under the Maharashtra law.

According to them, they were engaged in 1990; yet they were offered employment only for seven months each year and after the expiry of the period, their services used to be terminated. This was violation of the Model Standing Orders in the Industrial Employment ( Standing Orders) Act. The company contested and stated that they were engaged to meet targets, on temporary basis, with the consent of the trade union. The industrial court stated that the employees had clearly been continued for years but were not granted the status or privilege of permanency. It asked the management to pay sums calculated by the court.

The appeal of the company was dismissed by the Bombay High Court with adverse remarks against it. In its final appeal, the Supreme Court modified the order of the industrial court and reduced the payment.


Attached Files
File Type: pdf SC - Temporary workers given benefit compensation for not making permanent 4.4.2013.pdf (248.2 KB, 713 views)

Dear Mr PC Agrawal, Thanks for sharing this valuable information. This is a landmark judgement and hope that HR panjandrums take note of it. Thanks, Dinesh V Divekar
May be colourable exercise by the employer. Of late, this become order of the day to stay in the business but at the cost of workers !!!
Its indeed a landmark judgement and beneficial to thee disadvantaged party i.e. the labour.
The temporary employment of 7 months in a year; was a clever ploy to employ them for less than 240 days; so as to avoid regularizing them.
However; it is admirable that the Courts have seen through this subterfuge; and accordingly delivered justice to the exploited workers.

Dear Sir, Thanx for sharing the usefull thing. plz keep it up.
Dear Mr Agarwal
Very much thanks for the said information . Now let me know , how to make line of action from Mgmt side to use the contract manpower . I thing we have to give only two periods for contract manpower , after words we have to recruit a new workmen . Generaly most of mgmt giving one month break to them and again startrd their work, this practice is risk carrying......!
Kindly advice form Mgmt side to utilise contract manpower.

Hi thanks for sharing this great information!
Temporary or contract staffing employment has taken a lead in nowadays recruiting culture, where agencies prefer jobs and candidates and contract or temporary basis.
Manpowergroup is a one of the company offering contract staffing services and temporary staffing placements all over the world.
They also provide with permanent recruitment as well for long term employees helping them to nurture their future through various hr management solutions.
For more enquiry one can contact Manpowergroup India -
Visit https://www.manpowergroup.co.in/ for more information

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Manpower Recruitment Agencies In India | Manpower Consultancy

Dear Sir, Thanx for sharing the usefull thing. plz keep it up.
Please visit once: https://mnrsolutions.in

Dear sir, Thanks for this updates sumit
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