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Supreme Court of India 2023-07-25 allowed

Bharatiya Kamgar Karmachari Mahasangh vs M/s. Jet Airways Ltd

Bench: 2 — Abhay S. Oka, Sanjay Karol

In Brief

A commercial airline (Jet Airways) engaged 169 workers on fixed-term contracts despite them working regularly for over 240 days. When contracts were not renewed, the union demanded reinstatement with back wages. The industrial tribunal and high court rejected this, citing a 2002 settlement where the union had waived permanency claims. The Supreme Court held that standing orders granting permanency after 240 days of service have statutory force and cannot be overridden by any settlement, even one agreed to by the union. The Court quashed the tribunal's and high court's orders, holding workers entitled to all permanency benefits under the Bombay Model Standing Order."

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Labour Law Industrial Disputes Standing Orders Worker Rights Permanent Employment Fixed-Term Contracts Collective Agreements

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