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Supreme Court of India 2018-03-07 dismissed

Bhupendra Kumar Chimanbhai Kachiya Patel vs Divisional Controller GSRTC Nadiad

Bench: 2 — Abhay Manohar Sapre

In Brief

This case concerns whether temporary daily wage workers (Badali Kamdars) of the Gujarat State Road Transport Corporation were entitled to time scale benefits from their initial hiring date or from their absorption into the permanent Conductor cadre. The appellants argued for benefits from initial appointment completion of 180 days; the Corporation contended benefits were properly granted from absorption date under the 1989 settlement clause 20. The Industrial Tribunal favoured the employees, but the High Court reversed this. The Supreme Court upheld the High Court, holding that the 1989 settlement was binding on both parties and the Corporation properly followed clause 20. Since the settlement was never challenged and its procedure was strictly followed, there was no factual or legal basis for backdated benefits. Appeals dismissed."

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Labour Law Industrial Disputes Service Conditions Employee Benefits Settlements Administrative Law

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