SC Prohibits Public Employment Fraud For Jobs For 38 Workers

CASE NAME AND CORAM

• Employers In Relation To The Management Of Bhalgora Area Of M/S Bharat Coking Coal Ltd. Appellant(S) Versus Workmen Being Represented By Janta Mazdoor Sangh
• Citation: LL 2021 SC 424
• Coram: Justices Sanjay Kishan Kaul and Hrishikesh Roy

KEY TAKEAWAYS

• It was stated that fraud, in order to obtain government work, cannot be recognized by the court.
• The single bench of High Court overturned the decision of the tribunal.
• It was noticed that typically, “big job seekers hope” used fraudulent means to compete for a limited number of jobs.
• Such was this case, where 38 workers were in disputes with the HR of the Bhalgora's and with BCCL negotiating assistants.

BACKGROUND OF THE CASE

• Public service’s job fraud is not permitted by the court because a due process violation would mean the elimination of legitimate unemployment benefits recipients, stated by the Supreme Court.
• The ruling was issued following an appeal to the management of one of the divisions of the public sector company M / s Bharat Coking Coal Ltd (BCCL) against the Jharkhand Supreme Court ruling to reinstate the PSU. 38 miners from recognized tribes / compositions with 50 percent remuneration.
• It was the PSU case where miners were not listed on the employment exchange in the area in question were unlawfully appointed as a fraud in collusion with two of its employees.
• In support of the dismissal of 38 miners, judges SK Kaul and Hrishikesh Roy stated: “The reversal of a reasonable ruling by the sole academic judge was considered unfounded and to restore the decision of the learned sole judge. "
• The court referred to an earlier ruling and stated that it was the duty of the court to “protect against fraud, especially when such an appointment was obtained through continued fraud against liability”.
• The court stated that the workers there, who had deceived the compromise government, would be deprived of the opportunity to enjoy the fruits of their illegal interests.

THE PROCCEDINGS OF THE CASE

• Hon’ble Judge Roy when conscripting the court order stated that the immunity of public employment, as a measure of social security and a significant source of social mobility, must be protected from this fraudulent process that manipulates and distorts the selection process.
• He stated that the Government-proposed employment programs and related tools for specific groups can only attract a limited number of workers.
• Therefore, it was pointed to the court that the misuse of due process will lead to the deprivation of legitimate beneficiaries of employment rights.
• Courts, as judicial authorities, should strive to ensure that the aforementioned employment programs are not manipulated by fraudulent intermediaries, thus creating a parallel Faustian negotiation mechanism.
• The court, overturning the district court's decision upheld by the appellate court. asked PSU to return the dismissed miners to their jobs with 50% of their wages back.
• According to verifiable yet chequered case history, BCCL decided in 1986 resume recruitment caste / tribal candidates included in miner/loader vacancies and therefore submitted to the job exchange to prepare a list of candidates for SC / ST in accordance with the requirements of the Job Exchange Act 1959 (mandatory notice of employment).
• When such fraudulent appointments were discovered, disciplinary proceedings were instituted against the BCCL employers who conspired to name the 38 miners, and both were ultimately dismissed by court order.
• At the same time, a charge memo was issued against the miners, and they were terminated in connection with a lawsuit, according to the order.
• The Dhanbad Central Government Industrial Court blocked the layoffs and ordered the BCCL to reinstate the injured workers with 50 percent of their wages.
• The High Court overturned the sole judge's decision and agreed with the court's findings on reinstatement.
• The Apex court overturned the findings of the district court and agreed with the only court ruling confirming the dismissal of the miners.

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