The Bombay High Court has ruled that forest labourers employed on daily-wage basis at Sanjay Gandhi National Park, who have done continuous work for many years, must be granted permanent status even if there are no sanctioned posts available. The Bench, led by Justice Milind N. Jadhav, delivered this decision in a writ petition filed by 22 forest workers including watchmen, gardeners, cooks, and cage attendants who have performed high-risk duties such as cleaning cages, feeding wild animals like tigers and leopards, administering medicines, patrolling, and firefighting.
These workers had been continuously employed since 2003 and argued that they satisfied two preconditions set out in a Government Resolution dated 16 October 2012: first, that they had worked 240 days in each calendar year; and second, that this service must continue for five consecutive years. The attendance registers maintained by the Forest Department showed that they fulfilled both criteria. Although they had continuously performed work equivalent to that of permanent staff, their applications for permanent status had been rejected by the Industrial Court on the ground that there were no sanctioned posts to absorb them and because they had been appointed temporarily rather than through a formal selection process.
The High Court rejected the State’s defense, observing that denial of permanence on the ground of lack of sanctioned posts results in unfair labour practices and amounts to exploitation. The Court noted that when persons work continuously in government service in roles substantially similar to permanent employees—doing hazardous and essential duties—merely because their posts are not sanctioned should not be an excuse to deny permanency. The Court further emphasized that barring these long-serving workers from permanent status would violate principles of welfare legislation and social justice.
The Court held that fulfilment of the twin conditions (240 days work each year over five consecutive years, plus continued engagement) combined with long standing service entitles such workers to permanency, and that they cannot be deprived of leave entitlements, medical facilities, provident fund coverage, or other benefits that go with permanent employment on account of absence of sanctioned posts.
Consequently, the Court quashed the order of the Industrial Court dated 12 December 2022 which had refused to grant permanence to the petitioners. It directed the State government to grant permanent status to these 22 workers, and also to compute and pay the outstanding differential wages due to them within eight weeks, with compliance to be reported to the Court.
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