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Supreme Court of India 2019-09-25 allowed

PANDURANG SITARAM JADHAV vs THE STATE OF MAHARASHTRA THROUGH ITS DAIRY MANAGER

Bench: 2 — Sanjay Kishan Kaul, M.R. Shah

In Brief

Eleven daily wage workers of a Regional Dairy in Maharashtra sought permanent employment status after working continuously for 12–20 years. The Industrial Tribunal found the employer had engaged in unfair labour practices by denying permanent status despite continuous work exceeding 240 days. The High Court overturned the tribunal's order citing the Supreme Court's Umadevi precedent (which limits judicial absorption orders). The Supreme Court allowed the appeals, holding that Labour Courts have statutory powers under Section 30(1)(b) to grant regularization and permanent status when unfair practices are found—a power unaffected by Umadevi. The Court directed the employer to regularize the workers and pay arrear benefits within three months."

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Labour Law Employment Law Administrative Law Unfair Labour Practices Regularization of Workers Industrial Tribunal

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