In Brief
Gardeners engaged by Ghaziabad Nagar Nigam for over a decade sought reinstatement and regularization after their services were terminated during pending conciliation proceedings. The employer claimed no direct employment relationship and relied on a recruitment ban; the High Court partly allowed relief by ordering daily-wage re-engagement. The Supreme Court held the termination illegal under Section 6E and 6N of the U.P. Industrial Disputes Act, 1947, finding the employer failed to prove contractor engagement and exercised direct supervision and wage disbursement. The Court declared the termination void, reinstated the workers with continuity of service, awarded 50% back wages, and directed regularization within six months, finding that essential perennial municipal duties cannot justify indefinite precarious employment despite recruitment bans.
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