Friday, November 25, 2011
SC defined "Principles to absorb Badli workman in the protected category employee"
While adjudicating SPECIAL LEAVE PETITION (C) No.10845 of 2009 of Mr. H.S. Rajashekhara, in its appellate jurisdiction, against State Bank of Mysore 7 others, the Hon Supreme Court has redefined the principles of absorbing Badli workman in the protected category employee. It is well known that a badli workman means a person who is employed as a casual workman who is working in place of another. By virtue of the bipartite agreement published in Circular No. XVIII/90/20 dated 7-9-1990 of the federation of the Bank, such a badli worker is entitled to be absorbed if he completes 240 days of badli service in a block of twelve months or a calendar year after the cut-off date dt.10.2.1988. Based on the conclusion arrived at by the learned Single Judge in the matter of Radha Raman Samanta Vs. Bank of India, (2004) 1 SCC 605, after considering the relevant documents, the fact of the appellant's service for the required period cannot be disputed. Nomenclature of his work profile may change, but it is clear that he rendered services in a vacancy of a temporary post for more than 240 days. This is sufficient to treat him as a badli for the purpose of absorption. It would be sufficient, if the petitioner could establish, that he had rendered more than 240 days service in a "block of twelve months" for inclusion in the protected category employee.
Popular Posts on our Law Office Blogs
" If the land owners are not paid and compensated within two years after the declaration of the acquisition of the proposed land, the w...
While adjudicating **Pinakin Rawal v/s State of Gujarat CR.APPEAL NO.811/2004]****the Hon'ble Supreme Court has observed in its landmark...
Powered by www.kartikey.com ::::: A Law Office of India, pioneering the online concept of free legal aid and laws consultation through E-L...
Before passing Order of detention under PASA act, the detaining authority must come to a definite finding that there is threat to the “public order”While applying the ratio, laid down by the Hon. Supreme Court, in the case of Ashokbhai Jivraj @ Jivabhai Solanki v. Police Commissioner, Su...
Vidhya Sahayak for teachers, Lok Rakshak for police and Gram Mitra in rural administration are "Gujarat State Sponsored Financial Exploitation"A division bench of the Gujarat High Court, comprising Acting Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala, has observed las...
On the eve of Dipavali...it is a rising of a new dawn...with a hope of a happy and prosperous New year, We extend our cordial wishes to all ...
Would it not be a discrimination by conferring different forums in different states for trials of certain same Offences under IPC ??Why does there exist typical difference in respect of forum for trial of certain offences like those under sections 326, 409, 466, 467, 468,...
Recently, the Supreme Court of India has pronounced a landmark judgment, while adjudicating and dismissing writ petition lodged by Bar Coun...
While exercising Criminal Appellant Jurisdiction in the matters of CRIMINAL APPEAL NO.305 OF 2013,moved by appellants Mr. Surender Kaushik a...
Recently yesterday, the Hon'ble Apex Court of India has reconfirmed the Rules and Laws about the Admissions of a party while adjudicatin...
Law Blog Archive
- October (1)
- September (6)
- August (7)
- July (8)
- June (4)
- May (7)
- April (8)
- March (9)
- February (9)
- January (6)
- December (9)
- November (4)
- October (3)
- September (5)
- August (11)
- July (2)
- June (1)
- February (2)