As part of the strongly formulated judgment 7 August, the High Court in Mumbai in 2019 earmarked the industrial tribunal award and ordered the renewal of 53 contractual workers – Aayas (women), a section of boys and sweepers – in the ChhatraPati hospital Shivaji Mahaj in Kalwa. The Court ruled that their termination in 1995 was unlawful and without a proper process, decided that the previous rejection of the renewal due to the delay was not “guaranteed by law”.
The judgment issued by Judge Milind N. Jadhav was in the set of petitions written by workers submitted by Sarva Shramik Sangh and Thane Municipal Corporation.
Justice Jadhav remarked: “It gains a general view of special facts and circumstances in this case, it can be seen that only because the legacy remained before the industrial court for nearly 14 years, the applied tribunal decided that many water flew under the fund, and therefore considered that this situation is compensation.
The judge added: “I believe that once the industrial tribunal came to a certain conclusion in response to the problem No. 1, 2, 4 and 5, then as the sequiture of the conclusion that should be answered, it would be appropriately responsible that it is caused by being caused by that it is subject to the link.
The court noted that if the legacy was decided within one year after the submission, the court would most likely grant restoration with the continuity of the services and the return wage “for the strength of stunning evidence”.
He also decided that the delay in deciding on the legacy could not defeat the legitimate demands of the workers. Once the Tribunal convincingly found that employees were corporations – deployed in a hospital, refer to participation with ordinary employees and under the supervision of employees of the corporation – and that their termination was illegal, it should be a re -result. The award of the token of reward for 1 lakh, only because the matter remained waiting for 14 years was a “defective conclusion” that undermined the findings of the illegality and established relationship of the employer-employer, the court said.
“I am of a clear opinion that justice should not only be made but also seen. The conclusion in the present case occurred only to delay in decision -making and nothing else. There is no other reason that the court would exclude to grant appropriate relief,” said the command.
The court ordered: “All workers whose names are attached to the UniP complaint are ordered to be renewed immediately and in any case join the hospital services in the period of one (1) week from today.”
Workers will not be entitled to support wages or continuity in the service, but will be entitled to pension benefits in accordance with the law. The joining of workers must be confirmed and verified by the dean of the Gandhi Medical College and the Chhatrapati Hospital Shivaji Maharaj, Kalwa.
The Union must provide details of workers who have temporarily retire or have died to the temporary company Thane Municipal Corporation. After the inspection, these workers or their legal heirs will receive 2 lakhs, subject to documentation. “The payment order on the ticket 1 Lakh is deleted and replaced by the above order and instructions,” the court said.
The workers had previously denied the restoration of the industrial tribunal in Thane, which recognized them as a corporation employee and considered their termination illegal, but granted only 1 lakh as compensation.
The tribunal quoted a fourteen -year supply of the case to reject the renewal. However, the High Court disagreed and noted that the company could not conclude any trusted contract or license under the 1970s Regulation (Regulation and Cancellation), which proved the involvement of the supplier.
The evidence from the registers of the department and attendance sheets showed that the workers performed the obligations of “the same cadre as with ordinary permanent employees” and “were commonly monitored by nurses, Matrons, Mukadama and hospital supervisors”. During a cross examination, he even admitted that he did not know about the identity of the supplier and undermined the case of Thane Municipal Corporation.
“Workers have completed more than 240 days of continuous service in the employment of the hospital/corporation, and there is no dispute in this aspect,” the court noted, refusing to justify the tribunal.
The order was a stay for four weeks to allow Thane Municipal Corporation to appeal before the higher court.
Published – August 8, 2025 9:47
