Regularisation, Contractor Disguise, and the Limits of Industrial Adjudication in Public Institutions

sketch of the Bombay High Court
Case
FILM AND TELEVISION INSTITUTE OF INDIA THR. ITS DIRECTOR DHIRAJ SINGH v. JAVED RASUL BANEDAR AND ORS (Bombay High Court, 29-09-2026)
Law
Constitution of India, Industrial Disputes Act, Industrial Employment (Standing Orders) Act, Service Law.

Highlights of the Judgment:

  • Comprehensive analysis of the exception under paragraph 53 of the Umadevi judgment concerning regularisation of long-serving temporary employees.
  • Application of the Balwant Rai Saluja tests to determine employer-employee relationships disguised through successive independent contractors.
  • Evaluation of the jurisdictional limits of industrial tribunals to grant permanency in the absence of sanctioned vacant posts.
  • Examination of whether a claim for regularisation constitutes a continuous cause of action under labour jurisprudence.
  • Interpretation of statutory notice requirements under Section 9-A and protections during pendency of references under Section 33 of the Industrial Disputes Act.