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Supreme Court upholds termination of 38 workers appointed through illegal means

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Supreme Court - law insider

Alka Verma-

Published On – September 8, 2021, at 15:28 IST

On Tuesday, Supreme Court observed that fraudulent practices to gain public employment cannot be permitted by the Court of law.

Further, the Court added that it is the absolute abuse of the legitimate process and these illegal activities hinder the benefits of the rightful beneficiaries.

The Court stated this while they were dealing with an appeal filed by M/s Bharat Coking Coal Ltd (BCCL).

The appeal was filed against an order of Jharkhand High Court asking the PSU to bring back 38 miners, belonging from Scheduled Castes/Scheduled Tribes.

It is said that the miners got the job through illegal means as their names were not in the list of the Employment Exchange of the area concerned.

The Bench comprising Justices S K Kaul and Hrishikesh Roy stated, “Fraudulent practice to gain public employment cannot be countenanced to be permitted by a Court of law. The workmen here, having hoodwinked the Government Undertaking in a fraudulent manner, must be prevented from enjoying the fruits of their ill-gotten advantage.”

The verdict of Apex Court stated, “To abuse the legitimate process therefore would mean deprivation of employment benefits to rightful beneficiaries. The Courts as sentinel of justice must strive to ensure that such employment programmers are not manipulated by deceitful middlemen, thereby setting up a parallel mechanism of Faustian Bargain.”

The Apex Court set aside the High Court judgement, and terminated all the 38 miners.

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