VidhiSangh

Supreme Court of India · 15/03/2019

UNION OF INDIA & ORS. versus ALL INDIA TRADE UNION CONGRESS & ORS.

[2019] 5 S.C.R. 444 · 2019 INSC 381

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Summary

The Supreme Court set aside directions prescribing regularisation and a detailed benefits scheme for casual Border Roads Organisation workers. The materially identical dispute was governed by Vartak Labour Union: long casual engagement alone did not create entitlement to regular appointment outside the applicable recruitment process. Framing a scheme belonged ordinarily to the Government; the High Court had not justified the exceptional mandatory intervention adopted. An existing government welfare scheme was also noted.

Issues

  1. Whether the High Court could prescribe the regularisation and welfare scheme in this dispute.

Held

Result

Union’s appeal allowed; High Court order set aside and workers’ writ petition dismissed.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 444.