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Supreme Court of India 2021-09-07 allowed

Employers In Relation To The Management of Bhalgora Area (Now Kustore Area) of M/s Bharat Coking Coal Ltd vs Workmen Being Represented by Janta Mazdoor Sangh

Bench: 2 — Hrishikesh Roy

In Brief

The Supreme Court upheld the termination of 38 workmen employed by Bharat Coking Coal Limited through fraudulent circumvention of the mandatory Employment Exchange recruitment procedure. The appointees' names did not appear on any official Employment Exchange-sponsored list. When challenged, they gave contradictory accounts of how they secured employment. The Court found the appointments violated statutory law and were obtained through fraud involving corrupt officials. Despite the Tribunal and High Court Division Bench's prior orders favouring reinstatement, this judgment restored the Single Judge's decision allowing the terminations, holding that courts must protect public employment integrity against fraudulent schemes.

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Labour and Industrial Law Public Employment Fraud in Appointment Employment Exchange Disciplinary Action Administrative Law

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