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Bombay High Court

JANARDHAN SIDRAM MISALversusVAN PARIKSHETRA ADHIKARI AND OTHERS

Disposal
DISPOSED OFF

Holding

The Industrial Court correctly held that the petitioner failed to prove continuous employment of 240 days per year and therefore was not entitled to permanency; the High Court affirmed this finding and dismissed the writ petition.

Summary

The petitioner, a self‑described forest guard, filed a complaint alleging that he had worked continuously for more than 240 days each year for ten years and therefore was entitled to permanency and related benefits under a 1996 Government Resolution. The respondents contended that no such post existed, the identity card was unauthenticated, and the petitioner was engaged on a contract basis without any evidence of continuous service. The Industrial Court examined the evidence, found the petitioner failed to prove the requisite 240‑day continuous employment, held the identity card and bank credits unreliable, and concluded he was not eligible for permanency. On appeal, the High Court reviewed the Industrial Court’s findings under Article 227 and found no error or perversity. Consequently, the writ petition was dismissed.

Issues considered

  • Whether the petitioner satisfied the statutory requirement of continuous employment of at least 240 days in a calendar year for five years to claim permanency under the Government Resolution dated 31.01.1996.
  • Whether the identity card produced by the petitioner establishes a valid appointment as a Forest Guard.
  • Whether the bank credit entries constitute proof of wage payment by the respondents.
  • Whether the Industrial Court’s findings are perverse or erroneous warranting interference under Article 227 of the Constitution.
  • Whether the petitioner is entitled to permanency and consequential benefits as a daily wage worker.

Legislation cited

Subjects

  • Industrial Court
  • permanency
  • forest guard
  • unfair labour practice
  • Article 227
  • employment law
  • government resolution
  • wage withholding

Judgment

2026:BHC-AUG:24662
                                              1                       1WP9595.2024.odt
                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD.

                                 WRIT PETITION NO. 9595 OF 2024

               Janardhan S/o Sidram Misal,
               Age : 53 years, Occu. Vanpaharekari,
               R/o. Bhatangali, Tq. Lohara, District Osmanabad.          ...Petitioner
                                                                  [Original Complainant]
                           Versus

               1]    Van Parikshetra Adhikari,
                     Van Parikshetra Karyalaya,
                     Umarga, District Osmanabad.

               2]    Sahsanchalak, Vanikaran,
                     (Mukhya Van Sanrakshak),
                     Pradeshik Vibhag, Osmanpura,
                     Aurangabad (Chhatrapati Sambhajinagar).

               3]    Vibhagiya Van Adhikari,
                     Van Vibhag, Block No. 20,
                     Central Administrative Building,
                     Osmanabad.                                          ...Respondents
                                                                    [Original Respondents]
                                                  .....
               Mr. B. R. Jaybhay – Advocate for the Petitioner
               Mrs. M. L. Sangit – AGP for the State
                                                  ..…

                                               CORAM :     NEERAJ P. DHOTE, J.
                                               DATED :     22ND JUNE, 2026
               ORAL JUDGMENT : -

               1.          Heard finally with the consent of the parties.


               2.          This Writ Petition, filed under Article 227 of the

               Constitution of India, impugns the Judgment and Order dated

               06.05.2024 passed by the learned Member, Industrial Court, Latur,

               whereby Complaint (ULP) No. 256 of 2018 preferred by the Petitioner

               came to be dismissed.
                                 2                     1WP9595.2024.odt
3.           The Petitioner filed the said Complaint with the contention

that, he had been working as a labourer on the post of Forest Guard

since last ten years. He was performing his duties at the Range Forest

Office, Omerga, at Mouje Kanegaon, and was issued an Identity Card.

For several months, he was not paid his salary. The Ranger used to

obtain signatures on the muster roll and make payment accordingly. His

nature of duty was to protect trees, cutting grass, digging pits, taking

away plants from the nursery, plantation work, watering plants, and

protecting trees from cattle, etc. According to the Petitioner, there are

many permanent labours with the Respondents, who were given the

benefit of permanency. He being a daily wager, was not given the benefit

of permanency though he continuously worked for more than 240 days

in a calendar year. The Petitioner, therefore, sought relief of permanency

along with consequential benefits. There was unfair labour practice and

favouritism by the Respondents and accordingly prayed for appropriate

reliefs in the said Complaint.


4.           The Complaint was resisted by the Respondents by filing

Written Statement. The contentions raised by the Petitioner were

denied. It was contended that, there was no post designated as Forest

Guard in the department and, therefore, there was no question of

appointing the Complainant to such a post. According to the

Respondents, the Complainant was discharging the work through a

contract as per the requirements of the department.        It was further
                               3                      1WP9595.2024.odt
contended that, the identity card relied upon by the Complainant was

not issued by the competent authority. There was no permanent work

available in their office and that no service muster roll was maintained.

The Complainant was neither a permanent Van Mazoor nor a Forest

Guard and, therefore, there was no question of obtaining his signatures

on any muster roll. It was also contended that, no wages of the

Complainant had been withheld. The Respondents further submitted

that, the Complainant was not entitled to permanency or any

consequential benefits and, therefore, prayed for dismissal of the

Complaint.


5.           The learned Industrial Court framed the necessary issues,

and the parties led their respective evidence. The Complainant filed his

Affidavit of evidence and produced on record copies of his Identity Card,

Aadhaar Card, bank passbook, bank statement, letters issued by the

Range Forest Officer, and a copy of his application. The Respondents

filed an affidavit in lieu of examination-in-chief of Sayas Karad and

thereafter closed their oral evidence. Upon appreciating the evidence on

record and after hearing both sides, the learned Industrial Court passed

the impugned Judgment and Order.


6.           Heard the learned Advocate for the Petitioner and the

learned AGP for the Respondents.


     [a]     The learned Advocate for the Petitioner submitted that, the
                               4                      1WP9595.2024.odt
            Identity Card issued by the Respondents described the
            Petitioner as a Forest Guard, which indicates that, he was
            duly appointed. It was further submitted that the Petitioner
            had continuously worked for more than 240 days in a
            calendar year since last ten years. His wages were withheld
            from September 2018, and he was not permitted to sign the
            muster roll. In view of the Government Resolutions, the
            Petitioner was entitled for permanency. It is, therefore,
            prayed that the Petition be allowed.

     [b]    Per contra, the learned AGP for the Respondents submitted
            that, the learned Industrial Court had considered all aspects
            of the matter on the basis of the evidence available on
            record. It is submitted that, there was no evidence to
            establish that the Petitioner had continuously worked for
            240 days in any calendar year. The Identity Card relied
            upon by the Petitioner was not issued by the competent
            authority. It was further submitted that, there was no post
            known as ‘Vanpaharekari’ or ‘Van Majoor’ and, therefore,
            there was no question of appointing the Petitioner on such a
            post. No unfair labour practice was committed by the
            Respondents. The Petition is devoid of merit and be
            dismissed.

7.          Perused the impugned Judgment. As regards the contention

that, he had worked continuously for 240 days, the observations in the

impugned Judgment show that, there was no documentary evidence to

establish that the Petitioner had worked continuously for 240 days in

any calendar year. The learned Industrial Court considered this aspect of

the matter and observed that the Petitioner had miserably failed to
                                5                       1WP9595.2024.odt
prove that he had continuously worked with the Respondents for 240

days or more in a calendar year since last ten years. The Petitioner also

relied on letters dated 16.07.2018 (Exh. U-37), 09.07.2017 (Exh. U-39),

04.01.2018 (Exh. U-40) and 01.03.2018 (Exh. U-41) in support of his

claim that, he had worked for more than 240 days in a calendar year.

The said exhibits were considered by the Industrial Court in the

impugned judgment, and observed that none of those letters showed

that the Complainant had worked for 240 days or more in a calendar

year.


8.            As regards the claim for permanency based on the

Government Resolution dated 31.01.1996, the learned Industrial Court

observed that, under the said Government Resolution, permanency was

conferred upon those workers who had continuously worked for 240

days or more in a calendar year for a period of five years. Since the

Petitioner failed to establish that he had continuously worked for 240

days or more in a calendar year with the Respondents, he was not

entitled to the benefits contemplated under the said Government

Resolution.


9.            So far as the Identity Card is concerned, the observations in

the impugned Judgment indicate that, the learned Industrial Court duly

considered this aspect of the matter. It is observed that, the copy of the

Identity Card was produced below Exhibit U-34 and that no date was
                               6                       1WP9595.2024.odt
mentioned thereon, and there was no material on record to indicate as

to who had issued the same or whose signature appeared on it. The

learned Industrial Court further observed that, the evidence relating to

the Identity Card was cryptic and shaky in nature. The observations

further show that the Identity Card did not bear the seal of the office of

the Respondents and it raises suspicion on the authenticity of the

Identity Card. It was also observed that, the Petitioner had failed to

produce any appointment order and therefore, solely on the basis of a

suspicious Identity Card, he could not be held to be an employee of the

Respondents. The observations in the impugned Judgment show that,

the learned Industrial Court considered the documentary evidence on

record and recorded the aforesaid findings.


10.         In respect of the entries in the bank documents, the

observations in the impugned Judgment show that, the learned

Industrial Court perused the same and recorded a finding that, there are

credit and debit entries from 09/01/2014 onwards, and the credit

entries   were   under   the   head   “ROJGAR     HAMI     AMT”,    NEFT

“MGNREGSSFA”, “CREDIT” etc. and there was nothing to show towards

what, the said amount came to be credited. It is further observed that,

most of the credit entries are under the head “MGNREGSSFA” and

nothing on record to connect those entries with Respondents.         It is

further observed that, apart from that, complainant has not produced

any other document to show that, he received the said wages through
                               7                         1WP9595.2024.odt
Respondents and thus, he failed to show that, the amount credited in his

bank account was towards his wages by the Respondent, and further

observed that, there was no material on record to connect the said

entries in the bank documents with the Respondents. The observations

further show that, no document was produced to establish that, the

Petitioner had received wages through the Respondents. The learned

Industrial Court also considered the two credit entries in the passbook

dated 18.11.2017 and 03.05.2018, showing amounts of Rs.16,034/- and

Rs.11.80/-, respectively, credited under the head “Ropvatika”, and

“Labour Charges” and observed that, these two credit entries were

insufficient to establish that, the Petitioner had been serving with the

Respondents since last ten years or since year 2000.


11.         The    learned   Industrial   Court   also   considered   two

certificates issued to the Petitioner by Forest Department and the

Sarpanch of Kanegaon Gram Panchayat. It is observed that, there was no

signature of any official on the certificate at Exh. U-44, and the

certificate at Exh. U-45 was signed by several persons and it was not

clear as to under what capacity said certificate was issued. On the basis

of the evidence available on record, the learned Industrial Court

observed that, the said certificates cannot be used against the

Respondents.


12.         The impugned Judgment reveals that, the learned Industrial
                                8                        1WP9595.2024.odt
Court framed the necessary issues on the basis of the pleadings of the

parties and decided the Complaint on the basis of the evidence available

on record. The learned Industrial Court considered all the relevant

aspects of the matter and assigned cogent reasons in support of its

findings. Nothing is shown that the findings or observations recorded in

the   impugned     Judgment     are   perverse    or   erroneous.   In   the

circumstances, no interference is called for in the impugned Judgment

and Order. The Petition is, therefore, liable to be dismissed.


13.          Hence, the following order:

                                    ORDER
       [i]   The Petition is dismissed.

                                                 [NEERAJ P. DHOTE]
                                                      JUDGE




SG Punde


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