BHUPENDRA KUMAR CHIMANBHAI KACHIYA PATEL versus DIVISIONAL CONTROLLER GSRTC NADIAD

BHUPENDRA KUMAR CHIMANBHAI KACHIYA PATEL versus DIVISIONAL CONTROLLER GSRTC NADIAD

The benefit of permanent status and time scale to Badli Kamdars must be granted on completion of 180 days from the date of absorption in the permanent cadre, as provided under clause 20 of the settlement; the settlement under Section 18 is binding, and appellants neither challenged its legality nor applicability.

Source-derived case information.

Parties
Appellant: Bhupendra Kumar Chimanbhai Kachiyaa Patel; Respondent: Divisional Controller GSRTC Nadiad
Jurisdiction
India
Judgment Date
07 March 2018
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Division Bench of High Court
Outcome
appeals dismissed
Legal Topics
Industrial Disputes, Binding Nature of Settlements, Absorption of Temporary Workers, Badli Kamdars
Labour Law Industrial Disputes Binding Nature of Settlements Absorption of Temporary Workers Badli Kamdars

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Parties

Bhupendra Kumar Chimanbhai Kachiyaa Patel

Appellant

Divisional Controller GSRTC Nadiad

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Division Bench of High Court

Legal Issues

  1. 1 From which date should Badli Kamdars be granted permanent status and time scale benefits under the settlement?
  2. 2 Is the settlement between employer and employees binding under Section 18 of the Industrial Disputes Act, 1947?

Ratio Decidendi

The benefit of permanent status and time scale to Badli Kamdars must be granted on completion of 180 days from the date of absorption in the permanent cadre, as provided under clause 20 of the settlement; the settlement under Section 18 is binding, and appellants neither challenged its legality nor applicability.

Court Disposition

appeals dismissed

Orders

  • Appeals dismissed; High Court judgment upheld; Industrial Tribunal award set aside; parties bound by the settlement; benefits granted from date of absorption, not initial appointment.