BAJAJ AUTO LIMITED versus RAJENDRA KUMAR JAGANNATH KATHAR & ORS.

BAJAJ AUTO LIMITED versus RAJENDRA KUMAR JAGANNATH KATHAR & ORS.

The employer indulged in unfair labour practice under item 6 of Schedule IV of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 by repeatedly engaging workmen temporarily and terminating their services, depriving them of permanency; compensation order is to be modified to align with prior Supreme Court directions.

Parties
Appellant: Bajaj Auto Limited; Respondents: Rajendra Kumar Jagannath Kathar & Ors.
Jurisdiction
India
Judgment Date
04 April 2013
Procedural Posture
Civil Appeal / Supreme Court Final Disposition
Outcome
Appeal disposed with modification
Legal Topics
Unfair Labour Practice, Compensation for Terminated Workmen, Industrial Court Orders, Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act
Labour Law Unfair Labour Practice Compensation for Terminated Workmen Industrial Court Orders Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act

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Parties

Bajaj Auto Limited

Appellant

Rajendra Kumar Jagannath Kathar & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Disposition

Legal Issues

  1. 1 Whether the employer indulged in unfair labour practices under items 5, 6, and 9 of Schedule IV of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971
  2. 2 Appropriate compensation for workmen affected by such practices

Ratio Decidendi

The employer indulged in unfair labour practice under item 6 of Schedule IV of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 by repeatedly engaging workmen temporarily and terminating their services, depriving them of permanency; compensation order is to be modified to align with prior Supreme Court directions.

Court Disposition

Appeal disposed with modification

Orders

  • Appellant to pay lump sum amount calculated at 65 days' salary inclusive of all allowances for the number of years each complainant actually worked, irrespective of the days worked in a year.
  • Salary taken into account will be Rs.8,000/- per month, or actual last drawn salary if higher.