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Supreme Court of India 2019-03-15 allowed

UNION OF INDIA vs ALL INDIA TRADE UNION CONGRESS

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

The Supreme Court allowed the Union of India's appeal and dismissed a writ petition filed by trade unions seeking regularization of casual workers employed by the Border Roads Organization in Uttarakhand. The High Court had directed the government to frame a detailed scheme providing regularization, salary, leave, and other benefits to these workers. The Supreme Court held that casual employment does not entitle workers to permanent regularization merely due to long service, and that courts cannot frame schemes—only the Executive can do so. The Court relied on its earlier decision in Vartak Labour Union, finding the facts identical.

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Labour Law Constitutional Law Administrative Law Writ Petition Regularization of Workers Public Interest Litigation

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