HINDUSTAN AERONAUTICS LTD. versus DAN BAHADUR SINGH AND ORS.

HINDUSTAN AERONAUTICS LTD. versus DAN BAHADUR SINGH AND ORS.

Daily wage workers in a government company cannot claim regularisation or equal pay with regular employees merely by completing 240 days. Courts cannot mandate regularisation or creation of posts; such functions are executive. No statutory rule entitles the reliefs claimed.

Parties
Appellant: Hindustan Aeronautics Ltd.; Respondents: Dan Bahadur Singh and others
Jurisdiction
India
Judgment Date
27 April 2007
Procedural Posture
Civil Appeal / Appeal From Final Judgment and Order of High Court Allahabad (lucknow Bench) in Special Appeal Nos. 436 (sb) and 437 (sb) of 1999
Outcome
appeal allowed; High Court and Single Judge orders set aside; writ petitions by respondents dismissed
Legal Topics
Regularisation of Service, Industrial Disputes, Employment Status in Government Company, Permanency, Equal Pay for Equal Work
Labour Law Regularisation of Service Industrial Disputes Employment Status in Government Company Permanency Equal Pay for Equal Work

Case Brief

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Parties

Hindustan Aeronautics Ltd.

Appellant

Dan Bahadur Singh and others

Respondents

Procedural Posture

Civil Appeal / Appeal From Final Judgment and Order of High Court Allahabad (lucknow Bench) in Special Appeal Nos. 436 (sb) and 437 (sb) of 1999

Legal Issues

  1. 1 Whether completion of 240 days in a year entitles a daily wage worker to regularisation
  2. 2 Whether High Court can direct regularisation and payment of regular wages to casual workers where no post exists
  3. 3 Whether the position of a workman in a government company is the same as that of a government servant

Ratio Decidendi

Daily wage workers in a government company cannot claim regularisation or equal pay with regular employees merely by completing 240 days. Courts cannot mandate regularisation or creation of posts; such functions are executive. No statutory rule entitles the reliefs claimed.

Court Disposition

appeal allowed; High Court and Single Judge orders set aside; writ petitions by respondents dismissed

Orders

  • Respondents not entitled to relief for regularisation or equal pay
  • Any violation of settlements by appellant may be pursued by respondents in accordance with law