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Supreme Court of India 2021-12-14 allowed

Bharat Sanchar Nigam Ltd vs Sri Deo Kumar Rai @ Deo Kumar Ray

Bench: 2 — Hrishikesh Roy

In Brief

Bharat Sanchar Nigam Ltd challenged orders granting temporary employment status to Deo Kumar Ray under the 1989 Department of Telecommunications Casual Labourers Scheme. The scheme required workers to have engaged for 240 days in a single calendar year. The respondent's departmental records showed only 38 days maximum in any one year, but the Tribunal and High Court granted relief based on aggregating service across 10 years and relying on unverified photocopies. The Supreme Court held the eligibility requirement means 240 days in one calendar year, not multiple years combined. The Tribunal failed to record evidence as directed by the High Court. The judgment set aside the lower court orders as unsustainable and allowed the appeal.

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