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SLIC, Socio-Legal Information Center.
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P.K. Biswas and Others vs. Union of India and Others

Date : 16/07/2010

It has been a practice of employers to terminate employment of employees without proper justification and being devoid of any social accountability. In this case casual labours were sacked without any justification in arbitrary fashion. They lingered for justice for 22 years and at last they received justice and were reinstated as permanent employees.

9 Casual labours were terminated from services working under CSIR’s INDIAN INSTITUTE OF CHEMICAL BIOLOGY. They were fully qualified for the job as per the requirement of the job description. Yet, they were terminated instead of being absorbed as permanent employees. For, over 22 years the matter of these poor labours were dwindling in the High court and then Supreme Court on the sole question as to determine if CSIR was State coming within the ambit of Article 12 of the Indian Constitution. The Supreme Court on hearing a Special Leave Petition of the matter declared CSIR as State within the ambit of Article 12 of the Indian Constitution and transferred the case to the Central Administrative Tribunal. The Tribunal directed The Union of India to absorb the casual labours and regularise their services.

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