When misconduct of
workmen does not affect gratuity--When payable to badli
workmen--Date of operation of award--Considerations for
fixing--'Average of basic ... Whether provision should have been made
for payment of gratuity to badli workmen irrespective of the
number of days for which they worked
Prohibition of lay-off .-(1)
No workman (other than a badli workman or a casual workman) whose name is borne on the muster-rolls ... also be served simultaneously on the workmen concerned in the prescribed manner. (3) Where the workmen (other than badli workmen or casual workmen
Whenever a workman (other than a badli workman or a casual workman) whose name is borne on the muster-rolls of an industrial establishment ... against the compensation payable for retrenchment. Explanation .- "Badli workman "means a workman who is employed in an industrial establishment in the place of another workman
wages payable to
Badli workmen in lieu of the said three categories of
workmen would be paid to the Badli workmen equitably.
In appeal ... wages payable
to Badli workmen in lieu of the said three categories of
workmen would be paid to the Badli workmen equitably.
Being aggrieved
confirm all the workmen in service as permanent workmen w.e.f. the date they were actually provided work as permanent workmen. The Company ... make the workmen permanent without there being any evidence to indicate that the company had continued the workmen as badli workmen with an object
workmen, it is necessary to examine the legal provisions for finding out the justification of the claim of the workmen. Badli workman is not separately ... temporary' workman and a 'Badli worker'. Badli Worker gets employment only when a regular workman is absent or on leave. He gets
badlis, (4) temporary and (5) apprentices. Then the standing orders defines what a badli is and it is stated :
"A 'badli ... gratuity. Admittedly a badli person is not in continuous
service. Indeed, the very incident of being a badli is that the workman is a substitute
case before the Labour Court that the employee was a badli workman and not a permanent hand. The petitioner admitted that the services ... that a badli worker is not rendering any service when he is not actually employed as a badli worker and, therefore, a badli worker cannot
proposition that a Badli workman means, a workman who is employed in an industrial establishment in place of another workman whose name is borne ... against whose vacancy, the workman was working. As such, the workman is not to be treated as Badli worker, and therefore, the decisions on which
that the system of badli workers is a peculiar features of the textile industry. In the Industrial Disputes Act , badli workman has been defined ... follows :-
"Badli workman means workman who is employed in an industrial establishment in the place of another workman whose name is borne
