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.

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