Authority: Supreme Court of India
Order Date: July 16, 2026
Case Overview
- Parties: Appellant – U.P. Rajkiya Nirman Nigam Limited (a State Government undertaking engaged in civil construction and building design). Respondents – Yogendra Singh and others (individual workers).
- Nature of Proceeding: Civil Appeal No. 7118 of 2015 challenging the judgment of the High Court of Judicature at Bombay dated 10‑06‑2015, which had affirmed the award of the Industrial Tribunal, Pune (Reference IT No. 06 of 2003).
- Background: The Industrial Tribunal directed that the respondents be absorbed into the permanent service of the appellant with associated benefits, on the ground that they were effectively employed directly by the appellant despite being engaged through local contractors. The appellant contended that the respondents were employees of contractors and that the appellant could not be treated as an "establishment" under the Model Standing Orders.
- High Court Findings: The High Court, while affirming the Tribunal’s award, observed that the respondents rendered continuous service under direct supervision of the appellant’s officials, warranting protection of their rights.
- Supreme Court Considerations: The Court noted that several respondents (e.g., Respondent No. 1 Yogendra Singh, Respondent No. 2 Aman Kumar, Respondent No. 10 Motilal Trimbke) had superannuated during the pendency of the litigation.
Final Outcome
- The Supreme Court did not interfere with the substantive award but modified the permanency benefit: respondents are entitled to 50 % of the wages of permanency, payable until they reach the age of superannuation (60 years). Those who have already superannuated will receive the benefit only up to the date of their retirement.
- With this modification, Civil Appeal No. 7118 of 2015 is disposed of, and any pending applications, if any, are also disposed of.
- The order is signed by Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh.
Topics: Labor Law, State Undertaking Employment