VidhiSangh

Supreme Court of India · 25/07/2023

BHARATIYA KAMGAR KARMACHARI MAHASANGH versus M/S. JET AIRWAYS LTD

[2023] 10 S.C.R. 859 · 2023 INSC 646

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Summary

The Court held that the Bombay Model Standing Orders governed the airline’s workmen and could not be displaced by a settlement denying permanency. Temporary or badli workmen satisfying clause 4C were entitled to its benefits. The industrial award and High Court judgment rejecting the union’s claim were set aside; the insolvency issue was left undecided.

Issues

  1. Which government was the appropriate government for applying the standing-orders legislation to the airline.
  2. Whether a settlement could defeat permanency rights conferred by the applicable Model Standing Orders.

Provisions considered

Held

Result

Appeal allowed. Industrial award and High Court judgment set aside; the union held entitled to benefits under the Bombay Model Standing Orders. No order as to costs.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 859.