Baburao Narayan Kale v. Sports Secretary, Government of Maha., Mumbai and Ors.
Labour Law – Illegal termination – Reinstatement versus outsourcing
Case brief
What is this about?
Bombay High Court, Nagpur Bench (R.M. Joshi, J., 04.07.2025, 2025:BHC-NAG:6573) — Writ Petitions 2608-2611/2024, Sudhir Sopanrao Patil, Baburao Narayan Kale, Vinod Shriram Shegokar, Sagita Wasudeorao Nerkar v. Sports Secretary, Govt. of Maharashtra: writ petitions allowed against Labour Court orders (References ID 13, 14, 12, 11 of 2018) that declared terminations illegal but refused reinstatement citing pending permanency issue before Industrial Court and outsourced work. Reinstatement is the inevitable consequence of a finding of illegal termination where sanctioned posts exist; outsourcing cannot defeat reinstatement of 12-year continuous workers; full back-wages and continuity granted applying Deepali Gundu Surwase (2013) 10 SCC 324 onus-shift rule. Keywords: reinstatement, illegal termination, back-wages, outsourcing agency employees, permanency, regularization, Labour Court, Industrial Court, sanctioned posts.