38.6c New Delhi, India, Friday, August 01, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Business

Tata Motors Held Liable For Unfair Trade Practices, Bombay High Court Directs To Compensate 52 Employees

By LAWSTREET NEWS NETWORK      09 March, 2022 10:40 PM      0 Comments
Tata Motors Held Liable For Unfair Trade Practices, Bombay High Court Directs To Compensate 52 Employees

Fifty-two workers had filed the writ petition in the Bombay High Court in 2019, however, the dispute dates back to 2005 when the workers first raised demand notices for permanent employment and back wages. 

The Labour Court had rejected references of over 1500 employees, however, 52 appealed to the Bombay High Court. 

In a dispute that has spanned over 17 years, the Bombay High Court has held TATA Motors liable for unfair labour practices under the Industrial Disputes Act 1947 for hiring hundreds of workmen in its manufacturing unit as temporaries to deprive them of the status and privilege of permanent workmen.

Justice Ravindra Ghuge directed the automobile major to pay compensation to the 52 petitioners and set aside the Labour Court orders. The Bench observed that the company had a monitoring department to ensure temporary workers were disengaged before they completed the mandatory days of continuous employment. 

I find that the respondent-management has systematically prevented these temporaries from completing 240 days in continuous employment and had foisted involuntary unemployment on these temporaries before they could complete 240 days only to paint an imperfect picture that the work had come to an end, and therefore, these temporaries were disengaged by efflux of time, which is an exception of retrenchment u/s 2 (oo)(bb), the Bench observed. 

 

Senior Counsel Sanjay Singhvi and Rahul Kamerkar represented the workers. They submitted that the workers were skilled in specific fields of car manufacturing like auto mechanics, painters, core finishers etc. They said that the company appointed them for not more than 7 months, once a year. 

The workers alleged discrimination as work being done by permanent workers, could be extracted from these temporaries by payment of one-third salary. They pointed out instances wherein temporary employees were disengaged just 4 10 days before the 240 day continuous employment period. 

TATA Motors was represented by Senior Advocate C.U. Singh. He argued that the worker would fall under the exception to the lengthy process of retrenchment u/s 2(oo)(bb) of the Industrial Disputes Act, pertaining to employment on a contract basis. 

He argued that involuntary unemployment was not foisted upon the temporaries, and that the management did not prevent them from completing 240 days and it is just that the work came to an end before they completed 240 days.  



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
TRENDING NEWS

sc-directs-telangana-speaker-to-decide-disqualification-petitions
Trending Judiciary
SC directs Telangana Speaker to decide disqualification petitions against 10 rebel BRS MLAs within 3 months [Read Order]

SC orders Telangana Speaker to decide disqualification pleas against 10 rebel BRS MLAs within 3 months, stressing swift action on political defections.

31 July, 2025 04:58 PM
sc-to-first-consider-maintainability-of-review-against-2022-judgment-on-eds-powers-under-pmla
Trending Judiciary
SC to first consider maintainability of review against 2022 judgment on ED's powers under PMLA

SC to first decide if review pleas on ED powers under PMLA are maintainable; hearing on Karti Chidambaram’s plea set for August 6.

01 August, 2025 10:58 AM

TOP STORIES

delhi-govt-files-plea-in-sc-to-recall-2018-ban-on-older-vehicles
Trending Judiciary
Delhi govt files plea in SC to recall 2018 ban on older vehicles

Delhi govt moves SC to recall 2018 ban on 10-yr-old diesel, 15-yr-old petrol vehicles, citing lack of data and need for emission-based policy.

26 July, 2025 05:17 PM
sc-issues-guidelines-to-be-implemented-as-law-to-prevent-students-suicides
Trending Judiciary
SC issues guidelines to be implemented as law to prevent students suicides [Read Judgment]

SC issues 15-point guidelines to prevent student suicides; directs states to notify rules for coaching centres, mental health support, and monitoring.

26 July, 2025 05:30 PM
sc-lawyers-body-urges-cji-to-prohibit-advocates-creating-video-reels-in-premises-sharing-of-court-proceedings-clips
Trending Legal Insiders
SC lawyers body urges CJI to prohibit advocates creating video reels in premises; sharing of court proceedings clips [Read Letter]

SC lawyers urge CJI to ban video reels, photos & court clip sharing; say such acts breach Bar rules, risk security & distort judicial proceedings.

26 July, 2025 05:44 PM
delay-in-assent-to-bills-sc-allows-kerala-to-withdraw-pleas-against-state-guv
Trending Judiciary
Delay in assent to bills: SC allows Kerala to withdraw pleas against state Govt

SC allows Kerala govt to withdraw pleas against Governor over delay in bill assent, citing Tamil Nadu verdict; Centre opposed plea withdrawal.

26 July, 2025 05:52 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email