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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

Daily wage workers ('Badali Kamdars') for a State transport corporation sought permanent status and time scale benefits from their initial appointment date. The Industrial Tribunal awarded this benefit, but the High Court set aside the award, holding that benefits should only commence from the date of absorption into the permanent cadre under Clause 20 of a 1989 Settlement between the Corporation and the Union. The Supreme Court dismissed the workers' appeal, holding that the Settlement is binding under Section 18 of the Industrial Dispute Act, the Corporation properly followed the prescribed procedure, and there is no factual or legal foundation to claim benefits retroactively from initial appointment as daily wagers.

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Industrial Law Labour and Employment Industrial Disputes Settlements Service Conditions Statutory Interpretation

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