BANK OF INDIA AND ANR . versus TARUN KR. BISWAN AND ORS.

BANK OF INDIA AND ANR . versus TARUN KR. BISWAN AND ORS.

High Court erred in holding that each worker had completed 240 days of work without establishing facts; entitlement under the scheme depends on actual completion of 240 days Budlee work. Only when 240 Budlee days are completed in a year or block of 12 months can cases be considered for absorption, subject to the scheme's terms and future policy changes.

Parties
Appellant: Bank of India; Respondent: Tarun Kr. Biswan
Jurisdiction
India
Judgment Date
30 July 2007
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Calcutta High Court
Outcome
Appeals allowed; High Court order set aside.
Legal Topics
Regularisation of Service, Temporary Employment, Absorption of Workers
Labour Law Regularisation of Service Temporary Employment Absorption of Workers

Case Brief

Summary, issues, holding and outcome

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Parties

Bank of India

Appellant

Tarun Kr. Biswan

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Calcutta High Court

Legal Issues

  1. 1 Whether Budlee workers engaged temporarily are entitled to regularisation without completing 240 working days as per the scheme.
  2. 2 Whether High Court erred in presuming completion of 240 days by all respondents without proof.

Ratio Decidendi

High Court erred in holding that each worker had completed 240 days of work without establishing facts; entitlement under the scheme depends on actual completion of 240 days Budlee work. Only when 240 Budlee days are completed in a year or block of 12 months can cases be considered for absorption, subject to the scheme's terms and future policy changes.

Court Disposition

Appeals allowed; High Court order set aside.

Orders

  • Whenever respondents complete 240 Budlee work days in a year or block of 12 months, their cases shall be considered for absorption as per the scheme, subject to continuance and policy changes.
  • No order as to costs.