VidhiSangh

Supreme Court of India · 07/03/2018

BHUPENDRA KUMAR CHIMANBHAI KACHIYA PATEL versus DIVISIONAL CONTROLLER GSRTC NADIAD

[2018] 3 S.C.R. 567 · 2018 INSC 218

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Summary

The Supreme Court rejected GSRTC Badali Kamdars’ claims to permanent-cadre and time-scale benefits retrospectively from completion of 180 days after their initial daily-wage engagement. Their entitlement was governed by clause 20 of the unchallenged 1989 settlement, linking consideration to the prescribed selection, seniority, available permanent posts and qualifying service. The Corporation had followed that procedure and granted absorption benefits accordingly. No appointment term, rule or other legal basis established the earlier entitlement claimed.

Issues

  1. Whether completion of 180 days from initial Badali engagement entitled employees to retrospective permanent-cadre and time-scale benefits despite clause 20 of the settlement.
  2. Whether earlier judicial orders established the claimed entitlement.

Held

Result

Employees’ appeals dismissed. High Court orders setting aside the Industrial Tribunal’s retrospective-benefit awards upheld; benefits granted under clause 20 remained effective.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 567.