BHARATIYA KAMGAR KARMACHARI MAHASANGH v. M/s. JET AIRWAYS LTD

10 S.C.R. 859 : 2023 INSC 646 859 BHARATIYA KAMGAR KARMACHARI MAHASANGH A v. M/s. JET AIRWAYS LTD. (Civil Appeal No. 4404 of 2023) JULY 25, 2023 [ABHAY S. OKA AND SANJAY KAROL, JJ.] Bombay Industrial Employment (Standing Orders) Rules, 1959 – Industrial Employment (Standing Orders) Act, 1946 – Appellant- Union represents workmen temporarily engaged on a fixed-term contract by the respondent-company – Appellant contended that the workmen were treated as temporary despite completing 240 days in service in terms of the Model Standing Order provided under the Rules of 1959 and despite the nature of the work being permanent and regular – Respondent claimed that the workers are not entitled to permanency as per the settlement dated 02.05.2002 – Central Government Industrial Tribunal (CGIT) rejected the demand of the appellant for reinstatement with full back wages – High Court confirmed the award of CGIT – Issues before the Supreme Court: Which is the Appropriate Authority empowered to issue the Standing Order(s) under the Industrial Employment (Standing Orders) Act, 1946 – Whether private agreement/settlement between the parties would override the Standing Order – Held: Respondent is not, within the meaning of s.2(b), under the control of the Central Government – It is under the control of the State Government – Thus, Bombay Model Standing Order would be applicable to the parties – As far as second question is concerned, as per Bombay Model Standing Order clauses, a workman who has worked for 240 days in an establishment would be entitled to be made permanent, and no settlement which abridges such a right can be agreed upon, let alone be binding – Any agreement/contract/settlement wherein the rights of the employees are waived off would not override the Standing Orders – Appellant-Union entitled to all the benefits per the Bombay Model Standing Order – Award passed by CGIT and Judgment of High Court set aside – Appeal allowed. 859 B C D E F G H 860 SUPREME COURT REPORTS [2023] 10 S.C.R.